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>EPOSITORY ,^.
INVESTIGATION OF IMPROPER ACTIVITIES IN THE
LABOR OR MANAGEMENT FIELD
HEARINGS
BEFORE THE
SELECT COMMITTEE
ON IMPROPER ACTIVITIES IN THE
LABOR OR MANAGEMENT EIELD
EIGHTY-FIFTH CONGRESS
FIRST SESSION
PURSUANT TO SENATE RESOLUTION 74, 85TH CONGRESS
DECEMBER 5, 6, 7, 9, 10, 11, 17, AND 18, 1957
PART 18
Printed for the use of the Select Committee on Improper Activities in the
Labor or Management Field
INVESTIGATION OF IMPROPER ACTIVITIES IN THE
LABOR OR MANAGEMENT FIELD
HEARINGS
BEFORE THE
SELECT COMMITTEE
ON IMPROPEK ACTIVITIES IN THE
LABOR OR IINAGEMENT FIELD
EIGHTY-FIFTH CONGRESS
FIRST SESSION
PURSUANT TO SENATE RESOLUTION 74, 85TH CONGRESS
DECEMBER 5, 6, 7, 9, 10, 11, 17, AND 18, 1957
PART 18
Printed for the use of the Select Committee on Improper Activities in the
Labor or Management Field
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1958
Boston Public Library
SuperintondPT^t of Documents
MAR 1 1 1958
SELECT COMMITTEE ON IMPROPER ACTIVITIES IN THE LABOR OR
MANAGEMENT FIELD
JOHN L. McCLELLAN, Arkansas, Chairman
IRVING M. IVES, New York, Vice Chairman
JOHN F. KENNEDY, Massachusetts KARL E. MUNDT, South Dakota
SAM J. ERVIN, Jr. North Carolina BARRY GOLD WATER, Arizona
PAT McNAMARA, Michigan CARL T. CURTIS, Nebraska
Robert F. Kennedy, Chief Counsel
Ruth Young Watt, Chief Clerk
CONTENTS
(Organized Violence in Tennessee and Bordering Areas)
Page
Appendix 7501
Testimony of —
Allen, Frank J 7261
Andrews, Paul L 7090
Boling, H. L 7488
Bridges, James B 7205
Brown, Harold E 7475
Byrd, Roy 7084
Caldwell, Robert 7145
Canadav, Perry H 7385, 7389
Cartwright, Tom D 7332
Chapman, John C 7195
Clements. Elizie R 7223
Comer, Everett G 7320
Crutchfeild, Thomas 7446
Davis, Wallace 7267
Dicicco, Earl P 7288
Draper, Keith 7305
Duffy, LaVern J 7054, 7106, 7187, 7193, 7288, 7389, 7396, 7440, 7460
Dyke, Elmer 7334
Ellis, William Leon 7133
Evans, Eugene 7130
Freels, Lola Mrs 7125, 7167
Galloway, James Spence 7461
Gourley, Everett E 7324
Hargis, Luther C 7202
Hixson, Raymond ^ 7436
Hoover, L. M 7402
Jones, Sam C 7467
Katz, Joseph 7271
Keeling, Shelton P__ 7299
Kinsey, Joseph 7334
McDowell, Robert 1 721 3
McKinney, A. D 7106
McShane,' James P 7054, 7184
Morgan, Joseph W 7411
Marston, Bobby H 7392
Mosier, Andrew T 7314
Pemberton, J. R 7069
Peters, Sam _^ _ __ 7150
Powers, B. B 7189, 7194
Rasmussen, Wallace 7237
Reed, Enos 7255
Reeves, Jesse 7246
Reynolds, John T 7113
Reynolds, William, J. B 7397
Scliroeder, Lyn M "I 7364, 7380
Smith, Glen W 7421, 7450
Smith, William A ______ 7351
Vaughn, Ralph G 7368, 7381, 7382
Thompson. G. T 7209
Swanner, W. D 7334
Vestal, Don '.[/_ 7405
West, James E 7453
Whitley, Kenneth M 7292. 7382
Whitley, Josephine ' 7275
Whitley, Robert V 7275
Winslow, Harold A .l_._ 7344, 7381
m
IV
CONTENTS
lA.
IB.
IC.
12.
13.
14.
ISA.
15B-D.
20A.
20B.
21.
22.
23.
24.
Intr '^e'^'
EXHIBITS duced on
on page page
Picture of tractor belonging to Bush Bros. Canning Co.
which was dynamited on company premises during
organizational .strike by Teamsters Local 621 7077 (*)
Bush Bros. Co. truck dynamited on company premises
during organizational strike by Teamsters Local 621 _ _ 7077 (*)
Picture of dynamite that did not explode because of
faulty fuse which was under the Newman & Pemberton
trailers 7077 (*)
Picture, Newman & Pemberton Corp. truck dynamited
on company property during organizational strike by
Teamsters Local 621 7081 (*)
Picture of shoulder wounds inflicted on Mr. Ray Byrd by
bullets which hit the truck in which he was driving 7089 (*)
Minutes of a special meeting of Teamsters Local 327 in
Nashville, Tenn., October 16, 1955 7106 (*)
Pictures of injured elbow of Mr. McKinney where he
was shot during organizational strike of teamsters 7111 (*)
Bill from Lydia Wilhams, florist, dated June 15, 1955, in
theamountof $10.52 for flowers sent to W. A. Smiths _ 7129 7601
Picture of automobile of an employee of the Purity
Packing Co., dynamited at his home, Knoxville,
Tenn., during organizational strike by Teamsters
Local621 7147 (*)
A cash register ticket which represents bill for sugar and
sirup used in siruping up trucks 7172 7502
Cash expenditure sheet for the month of August 1956
showing item of $39.35 marked "Cash and sick dues"._ 7172 (*)
Check No. 3183 dated August 3, 1956, payable to cash in
the amount of $39.35 drawn on Teamsters Local 621 _ _ 7172 7503
Check dated November 6, 1956, payable to W. J.
Reynolds in the amount of $50 drawn on organization
furid, local 621 7178 7504
Picture of W. A. Smith 7199 (*)
Picture of Robert Belcher 7200 (*)
Picture of dynamite caps, dog food, and license plate 7208 (*)
Picture of dynamite which did not explode 7218 (*)
Pictures of equipment showing damage after the dyna-
mite did explode 7218 (*)
Piece of pipe used in making a homemade bomb 7219 (*)
Minutes of meeting of the executive board meeting of
the Teamsters Union Local 327 at Nashville, dated
November 19, 1955 7288 (*)
Warrant served on Keith Draper for as.sault and battery. 7310 (*)
Check No. 04738 dated March 20, 1956, payable to
Edward Smith in the amount of $500, drawn on local
327 and signed by Edward Smith, "Organizational
expenses" 7395 7505
Check No. 5518 dated July 2, 1951, payable to cash in
the amount of $18,500 drawn on Truck Drivers &
Helpers Local No. 515, Chattanooga unsigned and
marked "void" 7432 7506
Check No. 5519 dated July 2, 1951, payable to cash in the
amount of $18,500 drawn on Truck Drivers & Helpers
Local No. 515 and signed by H. L. Boling 7432 7506
Check No. 6134 dated March 17, 1952, payable to cash
in the amount of $1,500 drawn on Truck Drivers &
Helpers Local 515 and signed by H. L. Boling 7434 7507
Check No. 2474 dated June 29, 1951, payable local union
515 in the amount of $13,500 drawn on Southern Con-
ference of Teamsters and signed by Fale T. Murrin__ 7441 7508
Minutes of a meeting of Southern Conference of Team-
sters Policy Committee, dated July 13, 1951 7442 (*)
Check No. 6546 dated June 10, 1954, payable to J. S.
Galloway in the amount of $1,000 7465 7509
CONTENTS V
Proceedings of — Page
December 5, 1957 7053
December 6, 1957 7113
December 7, 1957 7189
December 9, 1957 7213
December 10, 1957 7299
December 11, 1957 7385
December 17, 1957 7411
December 18, 1957 7453
•May be found in the files of the select committee.
INVESTIGATION OF IMPROPER ACTIVITIES IN THE
LABOR OR MANAGEMENT FIELD
THURSDAY, DECEMBER 5, 195T
United States Senate,
Select Committee on Improper Activities
IN THE Labor or Management Field,
Washington, D. C.
The select committee convened at 2 p. m., pursuant to Senate Reso-
lution 74, agreed to January 30, 1957, in the caucus room. Senate Office
Building, Senator John L. McClellan (chairman of the select com-
mittee) presiding.
Members of the select committee present: Senator John L. Mc-
Clellan, Democrat, Arkansas; Senator Carl T. Curtis, Republican,
Nebraska.
Also present : Robert F. Kennedy, chief counsel ; LaVern J. Duffy,
investigator; James P. McShane, investigator; Ruth Y. Watt, chief
clerk.
The Chairman. The committee will be in order.
(Members of the committee present at the convening of the session:
Senators McClellan and Curtis.)
The Chairman. Today the committee begins a nev7 set of hearings,
focused on the serious problem of organized violence.
The committee is seeking information on the calculated and planned
use of goon squads by the teamsters' union and others in a broad area
of the southern section of the United States to enforce demands against
employers and to whip recalcitrant union members into line.
Violence in labor-management relations is not new. We have had
it with us throughout the history of the rise of organized labor in
America. It has been used by management in fighting labor. These
hearings, however, I am advised by the staff, will point up a shocking
pattern of deliberate goon-squad violence focusing in the State of Ten-
nessee, but crossing State lines into North Carolina, Ohio, Georgia,
and Kentucky. One of the things of greatest concern to this com-
mittee has been the effect of this goon-squad violence on various com-
munities and States.
Investigation by the staff of this committee indicates that the nucleus
of the goon squad with which we are here concerned was made up of
teamsters' union officials with long police records. The staff's investi-
gation has uncovered 173 separate acts of violence during the period
1953 to the present. Of particular interest to the committee are the
following important facts :
1. It appears that the violence was an organized operation.
2. The so-called goon squad was used interstate.
7053
7054 IMPROPER ACTIVITIES EST THE LABOR FIELD
3. Only 8 of the 173 acts of violence have been solved.
4. Law-enforcement officials in certain instances failed to properly
investigate those responsible for the violence.
5. Top officials of the teamsters' union have not made the slightest
effort to rid the union of the hoodlum element who ^participated in the
violence.
This latter fact cannot be considered too surprising in view of the
heavy infiltration of hoodlums and racketeers into the top echelon of
the teamsters' union as thus far brought out by testimony before this
committee.
The staff has learned that other unions apparently availed them-
selves of the services of this goon squad, particularly the barbers'
union. This will also be a subject of interest by this committee.
The use of violence is one of the most reprehensible forms of action
in labor-management controversies. It is a matter which should be
of deep concern to local authorities, to responsible leadership within
the American labor movement, and to this committee which is charged
with investigating improper activities in labor-management relations.
The committee is deeply indebted to the Nashville Tennessean and
to John Siegenthaler, of that newspaper, for the help and assistance
they have rendered to the committee and to the staff during the
course of our preliminary investigation.
The Chair may say he has not covered every aspect of labor-man-
agement relations that may be gone into, and may be developed in
this particular area during the course of these hearings. We will
deal with those other factors as we proceed with the testimony.
Senator Curtis, do you have any comment before proceed ?
Senator CurtTs. No, thank you, Mr. Chairman. I believe you have
made a good statement that tells us what we can anticipate, and I have
no statement to make.
The Chairman. Mr. Kennedy, you may proceed with your presen-
tation.
Mr. Kennedy. "We just have two charts here, Mr. Chairman, that
were made up through the efforts of Mr. Duffy and Mr. McShane, who
conducted this investigation.
The Chairman. Let both of you gentlemen be sworn. You will
be asked questions as we go along and we might as well swear you at
this time.
Do you, each of you, solemnly swear that the evidence you shall give
before this Senate select committee during this series of hearings shall
be the truth, the whole truth, and nothing but the truth, so help you
God?
Mr. Duffy. I do.
Mr. McShane. I do.
TESTIMONY OF LaVERN J. DTJFFY AND JAMES P. McSHANE
The Chairman. Mr. Duffy, state your name and your address, and
your place of business.
Mr. Duffy. My name is LaVern Joseph Duffy, and I reside at 123
Carroll Street S. E., and I am a staff member of Senate Permanent In-
vestigating Committee of the United States on temporary loan to the
select committee.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7055
The Chairman. Mr. McShane, state your name, and your address,
and your business or occupation.
Mr. McShane. My name is James McShane, and I reside at 3844
Bailey Avenue, in the Bronx, N. Y., and I am an investigator on the
staff of this coimnittee.
The Chairman. All right. Mr. Kennedy, proceed.
Mr. Kennedy. Mr. Chairman, as you pointed out in your opening
statement, there have been some 173 acts of violence in and around the
State of Tennessee, and 3 or 4 other States, during the period of the
past 3 or 4 years. This is the documentation on that statement which
also points out and shows that of those 173 acts of violence, only 8 of
them have been solved. I might say that the 173 figure is a conser-
vative figure. It is at least 173 acts of violence.
Senator Curtis. How many of them had a thorough investigation by
local law-enforcing officers, if only eight of them have been solved ?
Mr. Kennedy. I think we will develop that as the hearings go on,
and that it will indicate. Senator, that there was not an investi-
gation or a thorough investigation in a great number of them.
We will get into that this afternoon.
For the benefit of the coimnittee and the press, we have these on a
mimeograph sheet, Mr. Chairman.
The Chairman. They may be delivered to the press.
Who prepared the charts that you have before you, Mr. Duffy?
The title of one of them is, "173 Acts of Union Violence in a Five
State Area, Involving Both Teamsters and Barbers Disputes, 1953 to
the Present."
You have tAvo charts before us. The second one is a continuation
of the first one.
Mr. Duffy. That is right.
The Chairman. So that the 2 exhibits before us now should be con-
sidered as 1 exhibit ?
Mr. Duffy. That is correct, Mr. Chairman.
The Chairman. As I understand, Mr. Duffy, you have been con-
ducting the preliminary investigation into this area, and into this
subject matter?
Mr. Duffy. Yes, Mr. Chairman. These charts were prepared un-
der my direction.
The Chairman. They were prepared under your supervision and
at your direction ?
Mr. Duffy. That is correct.
The Chairman. Then you are prepared to testify with respect to
the accuracy of them ?
Mr. Duffy. That is correct, Mr. Chairman.
Mr. Chairman. All right. Proceed.
Mr. IvENNEDY. One matter that was of interest to us was the num-
ber of acts of violence that were committed. The second thing that
was of interest to us is that it went far beyond just picket-line violence
or a fight or dispute on a picket line. This was something that was
far deeper, and I think Mr. Duffy, you might tell the committee gen-
erally what you found as to how these acts of violence evolved. First
you might tell us the attempt to organize and then what happened.
7056 IMPROPER ACTIVITIES IN THE LABOR FIELD
Senator Curtis. Before you go into that, I would like to ask over
how wide an area did these occur? Are we talking about one
locality ?
Mr. Duffy. We are talking about basically the locality around
Nashville, Tenn. and Knoxville, Tenn. Two teamster locals are in-
volved. That is local 327 and there is a footnote to that effect down
here, local 327 is in Nashville, Tenn. The other local is 612, in KJiox-
ville, Tenn.
Senator Curtis. Thank you.
Mr. Duffy. Also on the chart you will notice that there is local
No. 35. That is the barbers local in Nashville.
The Chairman. I think the Chair will order those charts printed
in the record at this point so that those who read may follow them
rather than making them an exhibit. They may be printed in the
record as a part of the testimony.
(The charts are as follows :)
IMPROPER ACTIVITIES EST THE LABOR FIELD
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Truck driven by Harold Seymour and Larry Beaver shot
at in Nashville.
Pickets stopped truck at Nashville terminal and stoned
driver.
Truck shot at en route to Nashville.
10-pound rock thrown agauist truck driven by Kenneth
Puckett and Wayne Puckett en route from NashvOle
to KnoxvOle.
Shotgun blast fired into side of truck driven by Ted
Barnett at McMinnvOle, Tenn.
Tractor No. 11 connecting apparatus damaged causing
trailer to break away in NashvOle.
Shot fired at NashvOle terminal; Nathan Long, B. & S.
employee, saw picket Kelway Howell nearby with
shotgun.
Driver shot driving truck near Lebanon, Tenn.
Truck driven by Raymond Peterson fired at near
McMinnville, Tenn.
2 cars wrecked on B. & S. lot at Charlotte, N. C, by
dynamite hurled in night.
Harris, Keith-Simmons' employee, beaten while on de-
livery by an unknown man in Nashville.
Truck "driven by V. H. Williams fired at near Colliers-
ville, Tenn.
Truck driven by Davis Robertson fired on at NashviUe;
tii-e hit.
Shop windows smashed at night in NashviUe during
union dispute, $80 damage.
Shop windows smashed at night in Nashville; $120
damage.
Trucks sirupped while parked at Qrtndstaff's truck stop
at Greenback, Tenn.
William SheriU, delivery boy, chased from Nashville
terminal with shotgun while attempting to cross picket
line.
Mistaken for B. & S. employee— beaten at raOroad siding
in NashvUle bv teamsters members.
Ralph Vaughn, teamsters business agent, threatened to
beat Gregory m NashvOle during labor dispute.
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A. B. McKinney, B. & S. Lmes
driver.
B. fl S. Motor Lines
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Carl R. Harris, Keith-Simmons
Co.
B. & S. Motor Lines
do
E. B. Manley Barber Shop
Wphh Barhfir Shon
Huber & Huber Co
B.&S. Motor Lines....
Lynn Schroeder
Paul Gregory, Keith Simmons
Co. employee.
1
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11
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Truck sabotage.-
Gunshot
Assault with shotgun
Gunshot
Dynamiting
Assault and battery
Gunshots
do
Window breakuig
do
Truck sabotage
Gunshot
Assault and battery
Attemntfid assault
J
1956
June 18, 1955
do
July 6, 1955
July 8,1955
dn^
July 9, 1955
do
July 10,1955
July 16,1955
July 23,1955
Aug. 12, 1955
Aug. 15,1955
Aug. 19,1955
Aug. 29, 1955
Aug. 30, 1955
-—do
Aug. 31, 1955
Sept. -, 1955
Sept. 15, 1955
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7066 IMPROPEK ACTIVITIES IN THE LABOR FIELD
Mr. DuFFT. I would like to explain the chart.
On the far left hand corner we have the number of items, the
number of acts of violence, starting with No. 1 and terminating on
chart No. 2, with 1Y3. Mr. Kennedy pointed out that we are getting
continual reports of additional violence in this area and the chart is
not completely up to date as of this moment. The number of acts is
in excess of 173 at this point.
In column No. 2 we have the type of violence involved. It runs
the gamut from dynamiting to truck sabotage, to assault and bat-
tery, arson, siruping up of trucks, breaking of windows, and shoot-
ings on the highway particularly.
The next column shows the victim involved. That could be the
employer, the firm, and the name is inserted here, or if an assault took
place, the name of the individual is listed.
In the next column we have if the incident was reported to police
officials. In most instances it was reported to police, and in some in-
stances it was not.
In tjie next column, the arrests that were made relating to each
specific instance that is noted. You notice there were very few ar-
rests made. Most of them were made at the instigation of the em-
ployers themselves, and not by the local law-enforcement officials.
In the column "Convictions," the next column, it is very significant
of the 173 acts of violence we have only 8 cases that were solved in a
court of law.
In the next column, we have the local involved. I might say at this
point that we have three locals involved, as I said before, local 327 in
Nashville, a teamsters local, and local 612, a teamsters local in Knox-
ville, and a barbers union, local 35. Now, you notice across from the
particular act of violence we have a local union number. That means
specifically that the teamsters were attempting to organize the firm
in column 2, or an employee of the firm that was assaulted in
column 2.
Across from that, we have supplemental data, additional facts re-
lating to the specific act of violence.
During the course of these hearings, we will have a number of
witnesses who will testify first hand relative to the information on
this particular chart.
I would also like to make mention of the relationship between the
teamsters local 327 and the barbers local 35. Earlier this year we
had hearings in Scranton, showing that teamsters were used in the
building trades, for picketing and also the teamster committed acts
of violence for the building trades union in that area. Here we
have instances of teamsters committing acts of violence for the bar-
bers union in Nashville.
I draw your attention specifically to item No. 91 and 92 on the
chart. We have windows broken at barbershops in Nashville, and we
have Perry Canaday, a teamsters union official currently holding that
position in Nashville, breaking barbershop windows, along with Sam.
Peters, rank and file member of tlxe teamsters in Nashville.
They were arrested for breaking these two barbersliop windows,
on April 9, 1955. They were convicted. Both received 6-month
sentences, and were fined $100 each. Now, you notice prior to this
incident taking place, there are a number of window breakings in
IMPROPER ACTIVITIES IN THE LABOR FIELD 7067
Nashville with no convictions or no arrests. This is the first arrest
relating to window breakings in that area. From the time of their
arrests, and incidentally it states here that he was arrested on May 22,
rather than April 9 — this is the date that the incident was reported.
Subsequent to that time, we have two instances of window breakings
after this arrest.
Immediately upon their conviction, they appealed their cases to the
Supreme Court of Tennessee, and bond was made. They were out
on bond. But during tliat period they were out on bond, we have
additional window breakings, but they have decreased substantially
in number. We have 1, 2, and 3 in 1956. On June 10, 1956, another
window breaking at the Hunt's Barber Shop in Nashville.
It is very significant that the Supreme Court of Tennessee sus-
tained the convictions of Mr. Peters and Mr. Cannady, in July of
1956. During the remaining part of that year, while Mr. Canaday
and Mr. Peters were incarcerated, there were no acts of violence re-
lating to the barbers union in Nashville. It may be a pure coinci-
dence, but nevertheless that is a fact.
Now in January of 1957, Mr. Canaday, who, we feel, is one of the
main individuals responsible for the violence in the Nashville area,
as is indicated by this chart and other testimony to be developed
during this hearing, was released from prison. Then we have addi-
tional acts of violence relating to the barbers union.
We have a dynamiting taking place at the Rutledge Barber Shop
on May 31, 1957." We also have a window breaking here in 1957, re-
lating to the barbers union. Then we have Mr. Canaday arrested
again on September 22, 1957, for assault and battery, and that case
was discovered within the last 3 weeks, although it occurred in Sep-
tember. Mr. Seigenthaler of the Nashville Tennessean newspaper,
who received a tip with reference to that incident, made available
that information to us, and we secured a deposition from Mr. Draper,
the party who was assaulted, naming Mr. Canaday as the assailant.
That information was made available to the grand jury in Nashville,
and Canaday was indicted this past Monday, December 2, 1957.
Mr. Kennedy. I would like to go back, Mr. Dufi'y, as to how these
acts of violence occurred in a labor-management dispute. Is there
a general pattern that you found in the investigation ?
Mr. Duffy. Yes, there is. In most instances this violence flowed
from organizational drives by the teamsters local either in Nashville,
local 327, or the teamsters local 621 in Knoxville, or the barbers local
35 in Nashville. These were organizational drives by those unions to
gain new members.
Now, during the course of a discussion between the employer and
the union, the union would approach the employer and say to him,
"We have a majority of your employees signed up who want to join
the union.-' The employer invariably requested an election.
Very shortly thereafter, pickets would appear in front of the es-
tablishment, and then the acts of violence that are indicated on these
two charts took place.
Mr. Kennedy. So that the teamsters' union, these locals would go in
to an employer, and say that they wanted to sign a contract, and the
employer would say "We want an election," and the teamsters' union
would refuse the election and put a picket line around the entire area,
and then the acts of violence began to occur ?
7068 EVIPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Duffy. We will have direct testimony on that during the course
of these hearings.
Mr. Kennedy. On these acts of violence, according to our records,
as I understand it, there were some 10 dynamitings ; is that right ?
Mr. Duffy. That is correct. There were 10 dynamitings during this
period.
Mr. Kennedy. Thirty-five assaults ?
Mr. Duffy. Yes, sir.
Mr. Kennedy. And three arsons ?
Mr. Duffy. That is correct.
Mr. Kennedy. And 24 different instances where either trucks were
shot at or where the place of business of the employer was shot at, is
that right?
Mr. Duffy. That is right.
Mr. Kennedy. And there were 33 different instances where trucks
were siruped up — sirup was put in the gas tank of trucks ?
Mr, Duffy. That is right.
Mr. Kennedy. Altogether, that involved in that 33 different in-
stances, there were some 93 trucks ?
Mr. Duffy. That is a very conservative figure.
Mr. Kennedy. There were about 93 trucks, and 33 different
instances ?
Mr. Duffy. Yes ; actually siruped.
Mr. Kennedy. In addition to that, there were 180 other trucks that
were damaged in other manners ?
Mr. Duffy. That is correct.
I would like to emphasize how we got this information, Mr. Chair-
man. We received leads from various concerns in the Tennessee area
that sabotage or damage had been done to their property, and we would
contact the employer and check his record, and we came up with a
lot of the information from the actual files of the employers them-
Also we checked newspaper clippings and reports of violence that
the Nashville Tennessean had in their files, and we checked leads out
from those newspaper clippings and contacted employers.
Mr. Kennedy. I understand you received cooperation from the
other newspapers ?
Mr. Duffy. The Nashville Banner and the other newspapers.
Mr. Kennedy. In Knoxville and in Chattanooga ?
Mr. Duffy. That is right.
The Chairman. As I understand it, you have not placed on the chart
or listed an incident of violence just because it was reported in a
newspaper, but you have checked it out with the employer and with
management so as to substantiate it ?
Mr. Duffy. We have checked every incident out, Mr. Chairman.
The Chairman. I do not discount the ingenuity of the press at all,
but we like to check those things out and get confirmation.
Mr. Duffy. We used the newspaper clippings as leads.
_ Mr. Kennedy. From your investigation and Mr. McShane's inves-
tigation, could you give the committee an estimate, conservative esti-
mate as to the amount of damage that was caused and the amount of
damage, physical damage, that was caused and the loss of business that
occurred because of these various acts of violence ?
IMPROPER ACTWITIElS IN THE LABOR FIELD 7069
Mr. DuFTY. It is difficult to come to an estimate, I think, conserva-
tively speaking, over $2 million Avoiild be a conservative figure.
The Chairman. The amount of damage to property ?
Mr. Duffy. And loss of profits the employers suft'ered as a result of
these organizational drives by these unions.
Mr. Kennedy. This type ?
Mr. Duffy. This type.
The Chairman. Did you break it down as to what part of that over
$2 million would be actual physical damage to property which could
be ascertained ?
Mr. Duffy. Mr. Chairman, we will have some testimony directly on
that during the course of these hearings. Perhaps it would be better
to wait for the witnesses to testify on that.
The Chairman. Mr. McShane, is there anything you have to add to
what your colleague has said ?
Mr, McShane. No, sir.
The Chairman. Thank you.
Call the first witness, Mr. Kemiedy.
Mr. Ivennedy. Mr. Pemberton.
The Chairman. You do solemnly swear that the evidence you shall
give before this Senate select committee will be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr, Pemberton. I do.
TESTIMONY OF J. R. PEMBERTON
The Chairman. Please be seated.
Will you state your name, your place of residence, and your business
or occupation.
Mr. Pemberton. J. E. Pemberton, Clinton, Tenn., secretary-treas-
urer of Newman-Pemberton Trucking Co.
The Chairman. Secretary-treasurer of what ?
Mr. Pemberton. Newman-Pemberton Trucking Co.
The Chairman. Mr. Pemberton, you are familiar, I assume, with
the rules of the committee which permit you to have counsel present
while you testify, if you desire, to advise you of your legal rights?
Mr. Pemberton. Yes, sir.
The Chairman. You waive counsel ?
Mr. Pemberton. Yes, sir.
The Chairman. Thank you very much.
Mr. Kennedy, proceed.
Mr. Kennedy. You are an official of your trucking company ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. You are one of the founders of the company ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. You own it with Mr. Newman ; is that right ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. Your company operates in about 10 States ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. You have approximately 55 different trailers; is
that right?
Mr. Pemberton. About 60 trailers.
Mr. Kennedy. And you operate in 10 States ?
7070 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Pemberton. Yes, sir.
Mr. Kennedy, You have been operating since what time ?
Mr. Pemberton. 1948.
Mr. Kennedy. Your headquarters are where ?
Mr. Pemberton, Knoxville,
Mr. Kennedy. Now in 1956 was there an effort made by the team-
sters' union to organize your employees ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. When did that occur ?
Mr. Pemberton. The latter part of May.
Mr. Kennedy. Latter part of May 1956 ?
Mr. Pemberton. Yes, sir.
Mr, Kennedy. You were approached by whom ?
Mr. Pemberton. By the teamsters local 621.
Mr. Kennedy. Local 621.
Mr. Pemberton. Yes, sir.
Mr. Kennedy. Who approached you from that local? Wlio did
you have the conversation with ?
Mr. Pemberton. Mr. Reynolds ?
Mr. Kennedy. Mr. William Reynolds ?
Mr, Pemberton. Yes, sir.
Mr. Kennedy. His position was president of that local ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. Who else was there ?
Mr. Pemberton. Mr. Payne.
Mr. Kennedy. Mr. Hubert L. Payne ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. He was another teamster official of 621 ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. They said they wanted to sign a contract with you ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. Did they say they had your employees signed up?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. What statement did you make to them at that time ?
Mr. Pemberton. Well, we asked them for an election. They only
wanted to represent a certain unit of drivers.
Mr. Kennedy. They wanted to represent just a unit. You said you
wanted an election of all your drivers, is that right ?
Mr. Pemberton. Yes.
Mr. Kennedy. What unit did they want to represent?
Mr. Pemberton, The long-haul drivers,
Mr, Kennedy, Over-the-road drivers ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. You said you wanted an election, is that right?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. What occurred then ?
Mr. Pemberton. They refused to give us an election. They said
they wouldn't have an election. So we petitioned the National Labor
Relations Board for an election.
Mr. Kjennedy, What did the National Labor Relations Board hold?
Mr. Pemberton. Pardon me ?
Mr. Kennedy. What did the National Labor Relations Board hold?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7071
Mr. Pemberton. They did not come in right away. After the
time we petitioned them for an election the union filed several unfair
labor practice charges.
Mr. Kennedy. Against you ?
Mr. Pemberton. Yes.
Mr. IvENNEDY. How did the National Labor Relations Board hold
on those charges against you ?
Mr. Pemberton. They were all dismissed.
Mr. Kennedy. But just at the time that there would be a deter-
mination that an election should be held, then the union filed an unfair
labor practice against you ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. And that delayed the time of the election, is that
right?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. During this period of time were there any acts of
violence against your company ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. When did they begin ?
Mr. Pemberton. They began shortly after the strike.
Mr. Kennedy. Your teamsters put a picket line out in front of your
company ?
Mr. Pemberton. Yes, sir.
The Chairman. Were your men on strike ?
Mr. Pemberton. They were on strike June 16.
The Chairman. Your employees ?
Mr. Pemberton. Yes, sir ; part of the employees.
The Chairman. What percentage?
Mr. Pemberton. I would say about 50 percent of them.
The Chairman. Just about half.
Mr. Pemberton. Yes, sir.
Senator Curtis. Did you ever hold this election ?
Mr. Pemberton. No, sir.
Senator Curtis. Never did?
Mr. Pemberton. No, sir.
Senator Curtis. What did the National Labor Board do with your
request ?
Mr. Pemberton. By the time they came in and filed an election
date, the union filed a disclaimer of interest in our drivers.
The Chairman. They did what ?
Senator Curtis. The union filed a disclaimer.
Mr. Pemberton. Yes, sir. Disclaimed any further interest in this
unit of drivers.
The Chairman. You mean after the election had been ordered by
theNLRB?
Mr. Pemberton. An election had not been ordered. But we thought
it was time they were setting one up.
The Chairman. In other words, you had petitioned for an election ?
Mr. Pemberton. Yes, sir.
The Chairman. And you were anticipating a decision on your re-
quest for an election ?
Mr. Pemberton. Yes, sir.
The Chairman. And the union did what ?
Mr. Pemberton. Filed a disclaimer.
7072 IMPROPER ACTIVITIES IN THE LABOR FIELD
Senator Curtis. In other words, did that amount to giving up
efforts to organize you ?
Mr. Pemberton. Yes, sir ; they quit.
Senator Curtis. How many employees did you have that would be
involved ?
Mr. Pemberton. I would say approximately 25.
Senator Curtis. How large a local union is 621 ?
Mr. Pemberton. I don't know how large.
Senator Curtis. In numbers.
Mr. Pemberton. I don't know.
Senator Curtis. Is it a big union ?
Mr. Pemberton. Is is a fair size. I don't know how many mem-
bers. I would say a thousand, 1,500 members.
Senator Curtis. Then these acts of violence occurred after they ad-
mitted before the National Labor Kelations Board they were not in-
terested in organizing you ?
Mr. Pemberton. Yes, sir. That occurred before.
Senator Curtis. Which came first?
Mr. Pemberton. The acts of violence came first.
Senator Curtis. Were there any acts of violence after ?
Mr. Pemberton. No, sir.
Senator Curtis. How much time elapsed from the time you asked
the National Labor Relations Board for an election until they filed
this disclaimer ?
Mr. Pemberton. About 3 months.
Senator Curtis. How many employees did you say you had ?
Mr. Pemberton. Twenty-five.
Senator Curtis. I wonder if anybody on the staff can tell me
whether or not the law requires that an election be held up just be-
cause somebody files a charge of unfair labor practices. I wonder
what that has to do with it. Either the union represents people in
there or they don't.
Mr. Kennedy. That causes a delay.
Senator Curtis. I know it does, but is it required by the statute?
Mr. Kennedy. I think on the grounds that an unfair labor practice
has been committed, the National Labor Relations Board holds that
they should wait until that is settled before the election is held because
otherwise tlie election might be unfair.
Senator Curtis. My observation is that the National Labor Re-
lations Board waits until it is too late before they ever move.
The Chairman. I understand that whenever there is a request for
election and then if unfair labor practice charges are filed the Board
undertakes to dispose of the unfair labor practices prior to ordering the
election. Is that tlie general procedure? That is correct as you
understand it ?
Mr. Pemberton. Yes, sir.
The Chairman. Am I correct ?
Mr. Kennedy. I believe so.
Senator Curtis. I know they do it but I wondered why.
Mr. Kennedy. Now, you say a picket line was placed around your
business ; is that right ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. In which some of your employees participated?
Mr. Pemberton. Yes, sir.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7073
Mr. Kennedy. Did any acts of violence occur in connection with
any of your other depots or in connection with your trucks ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. AVill you tell us what the first one was ?
Mr. Pemberton. The first one was we had the
Mr. Kennedy. You have to speak up.
Mr. Pemberton. We had 76 tires cut and punctured in the Cin-
cinnati terminal.
Mr. Kennedy. Cincinnati, Ohio, is your terminal ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. What was the damage that occurred there ?
Mr. Pemberton. Approximately $4,000.
Mr. Kennedy. When did that occur? Do you have some papers
there ?
Mr. Pemberton. That occurred August 4, 1956.
Mr. Kennedy. On August 4, 1956.
Mr. Pemberton. Yes, sir.
Mr. Kennedy. That was shortly after you had first been approached,
which was in June 1956, is that right, by the teamsters ?
Mr. Pemberton. Yes, sir.
The Chairman. May I ask one question at this point ?
Did representatives of the union ever present to you a signed peti-
tion or a signed card, a declaration of a majority of your employees
that they wanted a union or wanted to join a union?
Mr. Pemberton. No, sir.
The Chairman. They have never presented such evidence to you ?
Mr. Pemberton. No, sir.
The Chairman. They only made the claim that they had a majority ?
Mr. Pemberton. Yes, sir.
The Chairman. When you requested an election ?
Mr. Pemberton. Yes, sir.
The Chairman. Did you believe they had a majority ?
Mr. Pemberton. No, sir ; they did not.
The Chairman. In fact, did you know they did not have ?
Mr. Pemberton. No, sir ; I did not know.
The Chairman. You believe they did not have ?
Mr. Pemberton. Yes, sir.
The Chairman. They have never to this date presented you with
any evidence of the fact that they had a majority of your employees
signed up other than their statement to you ?
Mr. Pemberton. No, sir ; they haven't.
Mr. Kennedy. So in August of 1956 this first act of violence oc-
curred with the slashing of some 76 tires in your depots in Cincinnati,
Ohio?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. During this period of time did you start receiving
threatening telephone calls at your home?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. Will you tell us about that ?
Mr. Pemberton. Well, some of the calls they would ring the phone
and breath in the phone and wouldn't say anything. Other times
they threatened to bring me in on a slab.
Mr. Kennedy. How often did those telephone calls come ?
7074 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Pemberton. I would say 3 or 4 a week.
Mr. Kennedy. At what time did they occur ?
Mr. Pemberton. Usually between midnight and morning.
Mr, Kennedy. Were there any telephone calls to any members of
your family ?
Mr. Pemberton. Yes, sir ; my wife received numerous calls.
Senator Curtis. Was there anything about those calls that would
indicate as to who was making them ?
Mr. Pemberton. Yes, sir. They would tell my wife if she didn't
stop me from trying to operate that they would dynamite, she was
liable to get blown out of bed some night, or different things like that.
Senator Curtis. In other words, even though you could not iden-
tify any voice it would occur in such a way that you would know that
it was tied in with your union difficulties, with your trucking con-
cern?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. So your wife was told you would be brought home
on a slab or that her home would be dynamited ?
Mr. Pemberton. Yes.
Mr. Kennedy. And at other times telephone calls would come in
the middle of the night and someone would just breathe into the tele-
phone ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. Then acts of violence began to occur, first with the
slashing of the tires in Cincinnati. Now what was the second inci-
dent?
Mr. Pemberton. We had two acts of violence before that, one act
of violence before that. We had one truck run off the road and
wrecked.
Mr. Kennedy. "Wliere did that occur ?
Mr. Pemberton. In Lexington, Ky. That was some time in July.
Mr. Kennedy. They ran one of your trucks off the road, is that
right?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. What happened after that, what occurred ?
Mr. Pemberton. Well, on the way in, bringing that wrecked truck
in with our wrecker, apparently the same guy tried to run the
wrecker off the road.
Mr. Kennedy. Was anybody arrested in connection with that?
Mr. Pemberton. No, sir.
The Chairman. Was the party identified who was driving the
other car ?
Mr. Pemberton. No, sir ; we were never able to identify him.
The Chairman. Was it reported to local officials ?
Mr. Pemberton. Yes, sir.
The Chairman. Did it occur in the daytime or night ?
Mr. Pemberton. At night.
The Chairman. At night.
Mr. Pemberton. Yes, sir; they had their lights disconnected on
their license plates. That was the reason we were unable to obtain
the license number.
Mr, Kennedy. So they ran your truck off the side of the road and
when the wrecker came to pick the truck up and bring it in to town
they came back and tried to run the wrecker off?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7075
Mr. Pemberton. Yes, sir.
Mr. Kennedy. What ^Yas the next thing that occurred ?
Mr. Pemberton. The next one, about August 1, 1956, we had a
truck fired upon.
Mr. Kennedy. Who was the driver of that truck?
Mr. Pemberton. Koy Byrd.
Mr. IvENNEDY. How do you spell his name ?
Mr. Pemberton. B-y-r-d.
Mr. Kennedy. Nothing happened to him personally ?
Mr. Pemberton. No, sir.
Mr. Ivennedy. Then what happened ? He was the company driver,
is that right ?
Mr. Pemberton. Yes, sir.
The Chairman. You say he was fired on. Was the truck hit?
Mr. Pemberton. Pardon ?
The Chairman. Was the truck hit ?
Mr. Pemberton. Yes, sir. They shot two tires down on the trailer.
The Chairman. That stoj)ped the truck ?
Mr. Pemberton. No, sir. It did not stop it right then.
The Chairman. It did not stop that driver under those circum-
stances ?
Mr. Pemberton. No, sir.
Senator Curtis. Where did that happen?
Mr. Pemberton. That happened about 5 or 10 miles south of
■Georgeville, Tenn.
Senator Curtis. What county is that in ?
Mr. Pembetron. Campbell, Ky.
Senator Curtis. Is that the county that Knoxville is in ?
Mr, Pemberton. No, sir.
Senator Curtis. Was that reported?
Mr. Pemberton. Yes, sir.
Senator Curtis. To whom was it reported ?
Mr. Pemberton. To the State highway patrol.
Senator Curtis. At what point ?
Mr. Pemberton. La Follette, Tenn.
Senator Curtis. By whom ?
Mr. Pemberton. I believe by Mr. Byrd.
Senator Curtis. How soon after it happened was it reported ?
Mr. Pemberton. I would say that night, the same night it hap-
pened.
Senator Curtis. Reported to the State highway patrol ?
Mr. Pemberton. Yes, sir.
Senator Curtis. Wliat did they do about it?
Mr. Pemberton. I don't know what they done about it. We never
heard any more of it.
Senator Curtis. Did the higliway patrol ever come back and re-
check Mr. Byrd's story or make any further investigation that you
know of ?
Mr. Pemberton. Not that I know of.
Senator Curtis. That is all.
Mr. Kennedy. What ha])pened after that?
Mr. Pemberton. Around August 4 is when we had the tires were
slashed in Cincinnati.
7076 EMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Kennedy. Then what occurred ?
Mr. Pemberton. Around August 9 Mr. Byrd was shot through the
shoulder from ambush.
The Chairman. The same driver?
Mr. Peimberton. Yes, sir; between Jellico and La Follette, Tenn.
Mr. Kennedy. He was shot coming up a hill ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. Was he very critically injured ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. He went to a hosi)ital ?
Mr. Pemberton. Yes, sir.
The Chairman. "Wliat was he shot with ?
Mr. Pemberton. He was shot with a rifle.
]Mr. Kennedy. The truck was ambushed at the top of the hill.
Mr. Pemberton. Yes, sir. The truck was hit 12 or 15 times with
bullets.
Senator Curtis. That happened in Campbell County ?
Mr. Pemberton. Yes, sir.
Senator Curtis. To whom was that reported ?
Mr. Pemberton. The State highway patrol and county authorities.
Senator Curtis. Were there any arrests?
Mr. Pemberton. No, sir ; not that I know of.
Senator Curtis. Was there anything that came to your attention
to indicate an investigation was made ?
Mr. Pemberton. Pardon?
Senator Curtis. Was an investigation made by the sheriff or the
highway patrol ?
Mr. Pemberton. Yes, sir.
Senator Curtis. What did they do ?
Mr. Pemberton. We have never heard any more of that. I don't
know what they have done.
Senator Curtis. They said they made an investigation ?
Mr. Pemberton. Yes, sir.
Senator Curtis. Did they do anything that came to your knowl-
edge ? Did they have lengthy interviews with the victim ? Did they
make measurements on the highway ? Did they interview the people
who live near that point? Do you know about any of these things
being done of your own knowledge ?
Mr. Pemberton. Yes, sir; I do know they talked with the victim.
I don't know about the people around in that vicinity. I don't know
whether they checked with them or not.
Senator Curtis. Now, did the patrol do it or the sheriff's office ?
Mr. Pemberton. I think both agencies were out, the patrol and the
sheriff.
Senator Curtis. Do you happen to know — and I don't care for a
technical answer — do you happen to know in Tennessee whether the
highway patrol's law enforcement is confined pretty much to traffic
matters or do they take jurisdiction of such things as a shooting with
probable intent to kill on the highways ?
The Chairman. Do you know whether Mr. Byrd had ever been
threatened himself or had these warning telephone calls or threaten-
ing calls prior to the time he was shot ?
Mr. Pemberton. No, sir ; I do not.
IMPROPER ACTIVITIElS IN THE LABOR FIELD 7077
The Chairman. He did not report such incidents to you ?
Mr. Pemberton. Not to me.
Mr. Kennedy. Mr. Chairman, Mr. Byrd will be the next witness,
and can throw some light on that incident.
Then he was shot at on August 9 and.hit on that date.
Now, what occurred after that ?
Mr. Pemberton. On or about September 2 we had a dynamiting at
Bush Bros. & Co. canning plant.
Mr. Kennedy. Bush Bros., is that right ?
Mr. Pemberton. Yes, sir; Bush Bros. & Co., canneries, at Chest-
nut Hill, Tenn. That is where we keep some of our equipment located.
Mr. Kennedy. You do their trucking ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. There was dynamiting that took place there ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. How much damage was done ?
Mr. Pemberton. Approximately $25,000.
Mr. Kennedy. In addition to the $25,000 worth of damage did you
find some other dynamite sticks that did not go off ?
Mr. Pemberton. Yes, sir ; we found 57 sticks that did not go off.
Mr. Kennedy. Do you have some pictures there of the damage that
occurred and of the dynamite ?
INIr. Pemberton. Yes, sir ; I do have.
The Chairman. Let the record show that the witness presents to
the committee a series of three pictures which will be made exhibit
No. 1-A, B, and C. They can be marked accordingly.
The photographs referred to were marked "Exhibits 1-A, 1-B,
and 1-C" for reference and may be found in the files of the select
committee.)
The Chairman. I hold in front of you 1 picture, 1 of the 3 pic-
tures you have presented. Can you see from where you are and de-
scribe or identify this picture and tell us about the damage that was
caused ?
Mr. Pemberton. Yes, sir. That is one of the tractors that received
the most damage. That tractor belongs to Bush Bros. Canning Co.
The Chairman. That was not your tractor but was property of the
company which you served ?
Mr. Pemberton. Yes, sir.
Tlie Chairman. How much damage was done to this tractor ?
Mr. Pemberton. It was a complete loss. It amounted to $14,500.
The Chairman. You mean for this one tractor alone it was a com-
plete loss to the amount of about $14,500 ?
Mr. Pemberton. Yes, sir.
Tlie Chairman. Let this one be made exhibit 1-A.
I hold another picture in front of you which you have presented.
Can you identify this picture ?
Mr. Pemberton. Yes, sir. This is the same tractor with the trailer.
Now, the trailer was beyond repair because of the rivets. It stretched
the metal and could not be repaired.
The Chairman. So nou only the tractor but the trailer was a com-
plete loss ?
Mr. Pemberton. Yes, sir.
The Chahiman. That is included in the $14,500 ?
7078 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Pemberton. No, sir. That is not included. That is in addi-
tion to the tractor.
The Chairman. That is in addition.
How much additional loss then is represented by this picture ?
Mr. Pemberton. I would say approximately $3,000.
The Chairman. This picture may be made exhibit 1-B.
Now I present to you another picture, the last of the series of three
which you have presented. What does that picture represent ?
Mr. Pemberton. That is a picture of the dynamite that did not
explode because of a faulty fuse. That was under four of my trailers,
the Newman and Pemberton trailers.
The Chairman. In other words, this dynamite shown here in the
picture, these sticks of dynamite had been placed under four of the
trucks and trailers owned by you or your company ?
Mr. Pemberton. Yes, sir.
The Chairman. And they did not go off ?
Mr. Pemberton. No, sir.
The Chairman. Had the fuse been lit ?
Mr. Pemberton. Yes, sir.
The Chairman. But they did not go off. Wliy?
Mr. Pemberton. Because of a faulty fuse is the reason they did not
go off. The fuse did go out, it burned down some but not enough to
ignite it.
The Chairman. Thus by reason of the faulty fuse you were saved
approximately how much damage ?
Mr. Pemberton. Well, four trailers, I would say approximately
$15,000.
The Chairman. Approximately $15,000. I understand this dyna-
mite was under just the trailers and not under the trucks or tractors.
Mr. Pemberton. That is right. It was located near a warehouse
where there was 40 or 50 people working. It might have caused some
injuries to them.
The Chairman. This may be made exhibit 1-C.
Senator Curtis. Was anybody arrested in connection with that ?
Mr. Pemberton. No, sir ;'not that I know of.
Senator Curtis. To whom was that reported ?
Mr. Pemberton. That was reported to the county sheriff, the State
highw^ay patrol, and I understand the Tennessee Bureau of Investiga-
tion worked on it a while.
Senator Curtis. All in Knoxville ?
Mr. Pemberton. No, sir. In Jefferson County, Tenn.
Senator Curtis. This did not happen in Knoxville ?
Mr. Pemberton. No, sir.
Senator Curtis. What is the county seat of Jefferson County ?
Mr. Pemberton. Dandridge.
Senator Curtis. Dandridge ?
Mr. Pemberton. I believe that is right, Dandridge.
Senator Curtis. Now, was there a thorough investigation ?
Mr. Pemberton. Yes, sir ; to the best of my knowledge.
Senator Curtis. Did thev ever find out where the dynamite came
from?
Mr. Pemberton. No, sir ; not that I know of.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7079
Senator Curtis. Now you had a good idea who was doing all this,
did YOU not?
Mr. Pemberton. "Well
Senator Curtis. Or what group was instigating it. I will put it
that way.
Mr. Pemberton. Yes, sir.
Senator Curtis. Of that group that were instigating it, how many
people made up that group i Do you know that '(
Mr. Pemberton. 1 don't know.
Senator Curtis. Yon could not give us an estimate of how many
union organizers and associates and accomplices were involved in all
this reign of terror that went on for these weeks ?
Mr. Pemberton. No, sir; I don't know how many. I only knew a
few of them.
Senator Curtis. Would you guess it was more than 25 ?
Mr. Pemberton. I don't know. I would say it was probably 25.
Senator Curtis. All in all, how much property did you lose by
reason of violence, that which you have testified about and that which
you are going to later testify about ?
Mr. Pemberton. $41,000, approximately.
Senator Curtis. Is that covered by insurance ?
Mr. Pemberton. No, sir.
Senator Curtis. Insurance of that type is quite expensive, is that
right ?
i\Ir. Pemberton. Yes, sir.
Senator Curtis, So it was a complete loss to you ?
Mr. Pemberton. Yes, sir.
Senator Curtis, How much of that $41,000 loss — now, that is yours,
that does not include the other.
]\Ir, Pemberton, That includes the other property. That includes
what ha])pened to the Bush Bros, Co,, too.
Senator Citrtis. But it does not include loss of business ?
Mr. Pemberton. No, sir : it does not include that.
Senator Curtis. How much would that amount to ?
Mr. Pemberton. We estimate that at $175,000 gross loss.
Senator Curtis, For the loss of business 'I
Mr. Pemberton. Yes. sir.
Senator Curtis. So this violence damaged you as much as $210,000
or $215,000.
Mr. Pemberton. Yes, sir.
Senator Curtis. Roughly how much of tliat $210,000 or so damage
took place after you asked the National Labor Relations Board for an
election and the time the union filed that disclaimer ?
Mr. Pemberton. All of it.
Senator Curtis, All of it ^
Mr, Pemberton, Yes, sir.
Well, there was about a week
Senator Curtis. Was there any effort made to get you to withdraw
your petition for an election during that time ?
Mr, Pemberton, No, sir.
Senator Curtis, But the union objected to the petition, of course?
Mr, Pemberton, Yes, sir.
Senator Curtis. They did not want you to file it ?
89330 — 58 — pt. 18 3
7080 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Pemberton. No, sir.
Senator Curtis. Did they ask you to withdraw it at any time ?
Mr. Pemberton. No, sir; they did not, not to my knowledge. I
don't think they did.
Senator Curtis. That is all.
Mr. Kennedy. However, they did indicate to you that they would
never permit an election ; did they not ?
Mr. Pemberton. Yes, sir ; they did.
Mr. Kennedy. In answer to Senator Curtis about the fact that
this investigation of these bombings was thorough, as I understand
it, it was the Tennessee Bureau of Investigation that was brought in ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. Did you learn that they made a complete and thor-
ough investigation ?
Mr. Pemberton. I never did learn exactly.
Mr. Kennedy. Did you learn to the contrary that they had been
called off in the middle of the investigation ?
Mr. Pemberton. Yes, sir ; they told us that they had been called in.
Mr. Kennedy. So it was not a thorough investigation; was it?
Mr. Pemberton. No, sir.
Senator Curtis. Who called them off ?
Mr. Pemberton. I don't know. It was just hearsay.
Senator Curtis. Who told you that they were called off ?
Mr. Pemberton. There was someone I believe in the sheriff's office
of Jefferson County that told me.
Senator Curtis. Were they referring to the Tennessee Bureau of
Investigation and the sheriff's office, or which one had been called off ?
Mr. Pemberton. The Tennessee Bureau of Investigation.
Senator Curtis. Did any one in the Tennessee Bureau of Investi-
gation tell you that ?
Mr. Pemberton. No, sir.
Senator Curtis. Did they ever make a report ?
Mr. Pemberton. Not that we could find.
Senator Curtis. Did they make any investigation to your knowl-
edge after this report was out that they had been called off ?
Mr. Pemberton. Not that I know of.
Senator Curtis. Who controls the Tennessee Bureau of Investi-
gation ?
Mr. Pemberton. I imagine the Governor ; I don't know.
Senator Curtis. But it is a State authority ?
Mr. Pemberton. Yes, sir.
Senator Curtis. That is all.
Mr. Kennedy. Did any other damage occur to any of your trucks
other than the ones you related ?
Mr. Pemberton. Yes, sir. We later, around September 8, we had
another truck dynamited. That was on our lot in Knoxville, Tenn.
Mr. Kennedy. How much was the damage for that ?
Mr. Pemberton. About $1,500.
Mr. Kennedy. Do you have a picture of that also ?
Mr. Pemberton. Yes, sir, I do have.
Mr. Kennedy. That was another dynamiting?
Mr. Pejiberton. Yes, sir.
IMPROPER ACTIVITIEiS IN THE LABOR FIELD 7081
The Chairman. That picture may be made exhibit No. 2.
(Document referred to was marked "Exhibit No. 2" for reference
and may be found in the files of the select committee.)
The Ctiair^ian. The pictures as exhibits will be for reference only.
Mr. Kennedy. I might say here that there will be a slight incon-
sistency between this witness' testimony and the chart, and that is due
to the fact that when we first talked to the witness, he was not as
definite as to the details as he is at the present time. Is that not
correct ?
Mr. Pemberton. That is correct.
Mr. Kennedy. And the dates that he gave us and the estimate of
loss have been verified by him since that time and therefore his testi-
mony is more accurate and more complete. He puts in some events
that we do not have on the charts and some dates are changed slightly
but otherwise it is correct.
The Chairman. The damage is greater according to your testimony
than listed on the chart ?
Mr. Pemberton. Yes.
Mr. Kennedy. He has put in a number of different incidents, Mr.
Chairman.
The Chairman. Comparing the charts with your testimony, that can
be determined. But just for passing information, that is correct, is
it not?
Mr. Kennedy. That is correct.
Now, you said that the dynamiting of this other truck was con-
cerned. Wliat about the siruping of your trucks? Did that occur?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. When did that happen ?
Mr. Pemberton. We don't know exactly when it happened, but dur-
ing the strike we had 17 or 18 trucks, that is between June 16 and to
about the 1st of October, we had 17 or 18 trucks siruped.
Mr. Kennedy. "Wliat does that mean ?
Mr. Pemberton. They pour sirup in the crankcase in the motors,
and when you start these engines and they get warm, they lock up.
All of the bearings and everything locks in them, and it completely
ruins the engine.
Mr. Kennedy. "Wliat was the loss on the siruping of your trucks?
Mr. Pemberton. We caught part of them. We figure we had about
$4,500 loss.
Mr. Kennedy. How many did you catch ?
Mr. Pemberton. There was 3 motors ruined, and 4 or 5 others that
we didn't ruin completely at that time. But they did go back later.
Mr. Kennedy. They were damaged ; is that right ?
Mr. Pemberton. Yes, sir.
Then we had about 10 or 12 that we were able to flush out and clean
up before we started them, and we saved those engines.
Mr. Kennedy. One of those trucks, the siruping occurred in Atlanta,
Ga. ; is that correct ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. And the rest were in Tennessee and various other
areas in Tennessee ?
Mr. Pemberton. That is correct.
Senator Curtis. Did you ever find any cans or barrels or kegs that
this sirup was in?
7082 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Pemberton. Yes, sir, they found a can in Atlanta that the
sirup was used out of.
Senator Curtis. In Tennessee, did they ever find any containers?
Mr. Pemberton. No, sir.
Senator Curtis. Were there ever any arrests made for that ?
Mr. Pemberton. Not that I know of.
Senator Curtis. It was reported ?
Mr. Pemberton. Yes, sir.
The Chairman. To go back to your loss of business that you re-
ferred to, this first picture tliat I believe, or the first exhibit, where that
truck was completely destroyed, you said it belonged to the company
you served ?
Mr. Pemberton. Yes, sir.
The Chairman. Did you lose the business of that company by reason
of this violence ?
Mr. Pemberton. No, sir. During the strike, we did lose part of
their business, but we later regained it after the strike.
Mr. Kennedy. As you have pointed out before, you were handling
the business of Bush Bros. ; is that right 'I
Mr. Pemberton. Yes, sir.
Mr. Kennedy. Did anything else occur to any of their trucks other
than this dynamiting ?
Mr. Pemberton. Yes, sir. There w^as 1 of their trucks, or 2 of their
trucks stopped by 1 of our strikers near Williamsburg, Ky.
Mr. Kennedy. And what happened then ?
Mr. Pemberton. They were turned around and told they couldn't
go on with that freight.
The Chairman. Were they on a public highway ?
Mr. Pemberton. Yes, sir ; they were pulled off by a gunboy off the
highway and turned around and told to go back.
The Chairman. There were a number of armed men; were there
not?
Mr. Pemberton. Yes, sir.
The Chairman. And they had guns out ?
Mr. Pemberton. Yes, sir.
The Chairman. And they made them turn around and go back ?
Mr. Pemberton. Yes, sir.
The Chairman. Was he able to identify — driver of the truck — able
to identify any of these men ?
Mr. Pemberton. Yes, sir, one of the men.
The Chairman. Who did he identify ?
Mr. Pemberton. Clarence Oaks.
The Chairman. And he was a teamster official in Kentucky ?
Mr. Pemberton. No, sir ; he was one of our strikers.
The Chairman. One of the strikers from your company ?
Mr. Pemberton. Yes, sir.
The Chairman. Was he prosecuted ?
Mr. Pemberton. Yes, sir.
The Chairman. And what did they find ?
Mr. Pemberton. He was acquitted.
The Chairman. Do you know who paid the legal fees for that per-
son, for Oaks ?
Mr. Pemberton. No. sir.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7083
The Chairman. You don't know whether it was the local in Knox-
ville,Tenn.?
Mr. Pemberton. No, sir.
The Chairman. He is still working for you ?
Mr. Pemberton. He later came back, but then he quit. He is not
with us at the present time.
The Chairman. Was that under orders of the NLRB ?
Mr. Pemberton. No, sir.
Mr. Kennedy. Did anything further occur ?
Mr. Pemberton. Well, on or about August 27, the repair shop where
Ave have our work done — not owned by us, but they do all of our major
repair — is was burned. We had a truck in that shop at the time.
Mr. Kennedy. What is that ?
Mr. Pemberton. We had a truck in the shop at the time it was
burned.
Mr. Kennedy. How much damage occurred in that ?
Mr. Pemberton. Well, the damage to our truck was approximately
$850, and the damage to the shop was $1,050, and there was another
truck belonging to the Three Musketeers Products Co., damaged
$1,8;39.
Mr. Kennedy. Was anybody arrested in connection with that ?
Mr. Pemberton. No, sir.
Mr. Kennedy. There were no prosecutions ?
Mr. Pemberton. No, sir.
Mr. Kennedy. It was reported to the police, however ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. Was there anything else ?
The Chairman. Was there anything in connection with that to
indicate arson, or was it just an unexplainable fire?
Mr. Pemberton. Well, about a week before that we had a truck
in that shop, and there was sirup put in the engines while it was sitting
in that yard, in tlieir yard, and the building caught fire from the out-
side of the building and apparently from the outside.
The Chairman. There were circumstances or evidence indicating
that it was an act of arson ?
Mr. Pemberton. Yes, sir,
Mr. Kennedy. Finally, there was another shooting ; is that riglit ?
Mr. Pemberton. Yes, sir. About.October 1, near Caryville, Tenn,,
we had another truck shot at.
Mr. Kennedy. What damage occurred in that ?
Mr. Pemberton. They shot a hole in the motor, and one in the
radiator, and both front tires and rims were ruined. There were
several shots hit the truck.
Mr. Kennedy. Where was that ?
Mr. Pemberton. In Caryville, Tenn.
Mr. Kennedy. What was the damage ?
Mr, Pemberton. Approximately $600.
Mr. Kennedy. Was that reported to the police ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. Were any arrests made in connection with that?
Mr. Pemberton. Not that I know of.
Mr. Kennedy. During this whole period of time, you and your wife
were receiving these threatening phone calls ; is that right ?
Mr. Pemberton. Yes, sir.
7084 IMPROPEK ACTIVITIES IN THE LABOR FIELD
The Chairman. Are you organized yet ?
Mr. Pemberton. No, sir ; they dischximed interest in our company.
The Chairman. Wlien did the violence stop with respect to the time
of the disclaimer of interest ?
Mr. Pemberton. It stopped at that time, sir.
The Chairman. You have had none since the disclaimer of interest?
Mr. Pemberton. No, sir.
The Chairman. You had none before they undertook to organize?
Mr. Pemberton. No, sir.
The Chairman. All of the violence to which you have testified
occurred during the period of their attempt to organize your 25
employees ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. So altogether you had about a dozen acts of violence
against you and your employees ; is that right?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. Including 3 shootings, several arsons, 2 dynamitings,
and a slashing of tires ; is that right ?
Mr. Pemberton. Yes, sir.
Mr. Kennedy. And it occurred in Kentucky, Georgia, Tennessee,
and Ohio ?
Mr. Pemberton. Yes, sir.
The Chairman. Is there anything further ?
Senator Curtis. No ; I think not.
Mr. Kennedy. That is all.
The Chairman. Thank you very much. Call your next witness.
Mr. Kennedy. Mr. Koy Byrd.
The Chairman. Do you solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. Byrd. I do.
TESTIMONY OF EOY BYRD
The Chairman. State your name, your place of residence, and your
business or occupation.
Mr. Byrd. My name is Koy Byrd. I live in Cincinnati, Ohio, and
I work for Newman Pemberton Corp. ; terminal manager.
The Chairman. How long have you been their employee ?
Mr. Byrd. Approximately 5 years.
The Chairman. You are advised of course that you have the right
to counsel while you testify, if you so desire.
Mr. Byiw. Yes, sir.
The Chairman. You waive counsel ?
Mr. Byrd. Yes, sir.
The Chairman. Proceed.
Mr. Kennedy. You are terminal manager of the Newman Pember-
ton Corp. in Cincinnati, Ohio?
Mr. Byrd. Yes, sir.
Mr. Kennedy. How long have you held that position ?
Mr. Byrd. Approximately 3 years.
Mr. Kennedy. And prior to that time you were a truck driver ?
Mr. Byrd. Eight.
Mr. Kennedy. For how long were you a truck driver ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7085
Mr. Byrd. For tlie company, approximately a year and a half.
Mr. Kennedy. Prior to that, what were you doing ?
Mr. Byrd. I drove a truck for different companies and myself.
Mr. Kennedy. You were in the service before that, were you not ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. For how long were you in the service ?
Mr. Byrd. Approximately 2 years.
Mr. Kennedy. In the Army ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. During 1956, the teamsters attempted to organize
your company ; is that right ?
Mr. Byrd. That is right.
Mr. Kennedy. And you and your fellow employees ?
Mr. Byrd. Right.
Mr. Kennedy. Were you at that time anxious to belong to the
teamsters union or join the union ?
Mr. Byrd. No, sir ; I was never approached to join.
Mr. Kennedy. Did you want to join the union ?
Mr. Byrd. No, sir.
Mr. Kennedy. You were not interested in it ?
Mr. Byrd. No, sir.
Mr. Kennedy. Now, you were driving a truck ; is that right ?
Mr. Byrd. Right.
Mr. Kennedy. You were shot at while driving a truck ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. "V^^iile the teamsters were attempting their organiza-
tion drive ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. When did that first occur ?
Mr. Byrd. Probably the 1st of August, the first time.
Mr. Kennedy. What happened ?
Mr. Byrd. I met a car ; it passed me and shot at me as we were side
by side ; and then, after it was behind me, it hit two tires on the trailer,
on the back of the trailer.
Mr. Kennedy. And you continued on ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. Did you report that to the police ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. Was any action taken, do you know ?
Mr. Byrd. Not that I know of.
Mr. Kennedy. Did you continue to drive ?
Mr. Byrd. Yes, sir.
Senator Curtis. Before we leave that, what time of day did it
happen ?
Mr. Byrd. It was probably 2 o'clock in the morning.
Senator Curtis. Do you know what kind of a car it was ?
Mr. Byrd. I couldn't swear. I think it was a Plymouth sedan.
Senator Curtis. Do you know how many people were in it ?
Mr. Byrd. No, sir ; I couldn't see.
Senator Curtis. You couldn't get any license number ?
Mr. Byrd. No ; I met them at a curve and they were gone before I
noticed it.
Mr. Kennedy. Were you shot at again ?
Mr. Byrd. Yes, sir.
7086 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Kennedy. Prior to going into that, during this period of time
were you receiving any threatening telephone calls ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. Could you tell us about that ?
Mr. BviiD. I would get them, and they would say I shouldn't do
this, or I couldn't do this.
Mr. Kennedy. You shouldn't do what ?
Mr. Byrd. Drive a truck. I am not supposed to work; they are on
strike. I am not supposed to work.
Mr. IvENNEDY. They told you not to work ; is that right ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. Did your wife get any threatening telephone calls ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. They called your wife ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. Wliat would they say to her ?
Mr. Byrd. They were going to "bring me home in a blanket and put
me on the porch.
Mr. Kennedy. Was your wife upset ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. Were you upset?
Mr. Byrd. I was mad.
Mr. Kennedy. After you were shot at the first time, and you re-
ceived these threatening telephone calls that you would be put on a
slab, and your wife received these threatening telephone calls, weren't
you frightened at that time ?
Mr. Byrd. No; just mad.
Mr, Kennedy. You decided to continue to drive ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. And you did continue ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. And you were shot at again ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. Would you tell us what happened ?
Mr. Byrd. It was up a hill, and evidently there were 3 or 4 on an
embankment to my left, and they waited until I was even or passed
them, and then they started shooting. And they hit the truck, and
I think it was either 14 or 16 times they hit the truck, and there was
1 just grazed my back, and there was 1 went completely through
my shoulder and out my arm.
Mr. Kennedy. You were driving and you had another assistant
there ?
Mr, Byrd. Yes, sir.
Mr. Kennedy. Wliere was he ?
Mr. Byrd. He was asleep, laying down.
Mr. Kennedy, And some of them, the bullets came right through
the cabin ?
Mr. Byrd. Yes, sir.
Mr, Kennedy. And he Avas lying down ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. "Wliat would have happened to him if he had been
sitting with you ?
Mr. Byrd. It would have gone through his head.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7087
Mr. Kennedy. What was the damage that occurred to you ?
Mr. Byrd. I got a broken right shoulder, and arm, and they are
both stiff now.
Mr. Kennedy. Can you move all of your fingers ?
Mr. Byrd. Yes, sir ; I can move my fingers and my arm to my elbow,
but not above it.
Mr. Kennedy. Above your elbow you can't move it ?
Mr. Byrd. That is right.
Mr. Kennedy. How long were you in the hospital ?
Mr. Byrd. Twenty-nine days.
Mr. Kennedy. Were you listed in critical condition ?
Mr, Byrd. Yes, sir.
Mr. Kennedy. Are you able to drive a truck at the present time?
Mr. Byrd. No, sir.
Mr. Kennedy. You can never drive a truck again ?
Mr. Byrd. No, sir.
Senator Curtis. What was the date of that ?
Mr. Byrd. August 9, 1956, around midnight.
Senator Curtis. Near what place in Tennessee ?
Mr. Byrd. Near La Follette.
Senator CuTtTis. Did you have to stop your truck immediately (
Mr. Byrd. Yes, sir.
Senator Curtis. Did you see anybody around ?
Mr. Byrd. No, sir.
Senator Curtis. Now, these 3 or 4 people that were on the em-
bankment, you saw those as you passed ?
Mr. Byrd. No, sir; I am just assuming there were 3 or 4, with as
many shots as were tired. I didn't see anybody. They were to my
back.
Senator Curtis. Did you lose consciousness ?
Mr. Byrd. No, sir.
Senator Curtis. When was that reported to the police authorities ?
Mr. Byrd. That night. The boy who was with me unhooked the
trailer and took me to the hospital, and then reported it to the highway
patrol, and the Campbell County police.
Senator Curtis. Did tlie}^ interview you ?
Mr. Byrd. Yes, sir.
Senator Curtis. How many times ?
Mr. Byrd. Once that time, and about 4 days later. Only twice.
Senator Curtis. Did they extract any bullets out of the truck ?
Mr. Byrd. There is only fragments, and they didn't get a complete
bullet.
Senator Curtis. And the bullet that hit you did not lodge in your
body but went on through ?
Mr. Byrd. That is right.
Senator Curtis. To your knowledge was anyone ever arrested ?
Mr. Byrd. No, sir.
Senator Curtis. Are you satisfied that those shots were fired by
someone who had information as to your route that you were going
to take that night, and the time of your departure ?
Mr. Byrd. Yes, sir.
Senator Curtis. Were any individuals picked up for questioning?
Mr. Byrd. Not that I know of.
7088 EMPROPER ACTR'ITIES IN THE LABOR FIELD
Senator Curtis. No arrests at all ?
Mr. Byrd. No.
Senator Curtis, The officers cannot apprehend anyone for ques-
tioning ?
Mr. Byrd. I don't remember. I was in the hospital at the time, and
they might have, but not after I was out, I don't think.
The Chairman. Did they pursue the matter any further after you
were out of the hospital ?
Mr. Byrd. They never contacted me.
The Chairman. The officers after you got out of the hospital, have
never contacted you and never pursued the matter any further so far
as you know ?
Mr. Byrd. That's right.
Mr. Kennedy. It was clearly an ambush, was it not ?
Mr. Byrd. Yes, sir ; well planned, I would say.
Mr. Kennedy. Because the first time you had to come around a
corner ?
Mr. Byrd. That is right.
Mr. Kennedy. And you would have to slow down to come around
the corner and then you have to come to the top of the hill.
Mr. Byrd. Yes, sir.
Mr. Kennedy. So you would be going very slowly.
Mr. Byrd. Yes, sir.
Mr. Kennedy. And to the best of your knowledge, you were shot at
from both sides of the road ?
Mr. Byrd. Only the left side.
Mr. Kennedy. From the left side of the road ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. But there were more than one group of shots ?
Mr. Bybd. Yes, sir.
Mr. Kennedy. There were 16 or 14 bullets that hit the truck; is
that right?
Mr. Byrd. And there were some more in the road that never hit the
truck, and you could see.
Mr. Kennedy. And it was obviously, either an attempt to kill you
and your companion, or there were so many bullets fired that you and
your companion could very well have been killed ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. And if your companion had been sitting up straight,
he would have been killed ?
Mr. Byrd. Yes, sir.
The Chairman. Did they fire from each side of the road?
Mr. Byrd. No, sir ; just the left side.
The Chairman. Just from the left side ?
Mr. Byrd. Yes, sir.
The Chairman. On the side of the driver ?
]Mr. Byrd. Yes, sir ; and they were from an angle.
The Chairman. Do you know whether your assistant driver had
been threatened as you had ?
Mr. Byrd. No : I couldn't say for sure, but I would say he had been.
The Chairman. So they were primarily, of course, after the driver ?
Mr. Byrd. Yes, sir.
The Chairman. They could not know, though, that you would be
IMPROPER ACTIVITIES IN TETE LABOR FIELD 7089
the particular driver at the time, whether you or your assistant would
actually be driving the truck, at the time of the shooting?
Mr. Byrd. It was possible they could have. We made a stop
approximately 40 miles from there.
The Chairman. You had made a stop, and you had taken over the
wheel ?
Mr. Byrd. That's right.
The Chairman. At a place where that could have been observed ?
Mr. Byrd. That's right.
The Chairman. And therefore they could have followed you up to
that point or gotten ahead of vou and waylaid you?
Mr. Byrd. That's right.
Mr. Kennedy. You still have a good number of scars, have you not ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. Both in your back and in the front where the bullet
came out ?
Mr. Byrd. Yes, sir.
Mr. Kennedy. Would you be willing to exhibit them so that we
might see them ?
Mr. Byrd. Yes, sir; if you want me to.
Mr. Kennedy. Well, 1 think you testified to these things, and no
one is doubting what you are saying about it, but I would like to have
you exhibit it here, and let a picture be made of it, aud I want to make
that picture an exhibit to this testimony.
Is that agreeable ?
Senator Curtis. It is agreeable.
The Chairman. If it is agreeable I would like to have you exhibit
those wounds and let a picture be made, and I will ask the photogra-
phers if they will accommodate the committee without being sub-
penaed to deliver a copy of the photograph after it is developed, for
exhibit 3 for this record.
(At this point the witness removed the clothing from his shoulders
and exhibited his bullet wounds. )
(The photograph referred to will be marked "Exhibit No. 3" for
reference and may be found in the files of the select committee.)
The Chairman. Thank you very much, Mr. Byrd.
You will have to carry that disability all of your life and continue
to be incapacitated and disabled from performing the duties of your
occupation prior to the time you were injured ?
Mr. Byrd. Yes, sir.
The Chairman. And it is all because your employer would not sign
a blackjack contract with the union ?
Mr. Byrd. Yes, sir.
The Chairman. And you didn't want to belong to the union, any-
how.
Mr. Byrd. That's right. They said I couldn't work.
The Chairman. They said you couldn't work if you didn't.
Mr. Byrd. Yes, sir.
The Chairman. And this is the penalty you paid ?
Mr. Byrd. That's right.
The Chairman. For standing up for your rights as an American
to have a job, to work at it, and to earn a living for yourself and your
family ?
7090 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Byrd. That is the way I look at it.
The Chairman. Is there anything further, Senator ?
Mr. Kennedy. That is all, Mr. Chairman.
Senator Curtis. If I may interrupt, there are approximately 25 em-
ployees of this trucking company. Did you know most of them ?
Mr. Byrd. Yes, sir.
Senator Curtis. In your opinion, the majority of them, did they
want the union ?
Mr. Byrd. No, sir ; I don't think so.
Senator Curtis. Also, do you have an opinion as to whether or not
some of them who did go along with the union, did so because they
were intimidated or frightened ?
Mr. Byrd. I wouldn't say that, and I don't know. But I would say
that there were three categories. You have one that definitely do want
it, and one that definitely don't, and you have got the others that just
go along with the crowd.
Senator Curtis. There were more that did not want it ?
Mr. Byrd. I would say so ; yes, sir.
Senator Curtis. That is all.
The Chairman. Notwithstanding that it has never been definitely
established by judicial processes and no one has ever been accused
formally or prosecuted or convicted for this assault upon you, do you
have a pretty good idea who did it ?
Mr. Byrd. No, sir ; I don't have the slightest idea.
The Chairman. You don't know, ancl you could not identify them?
Mr. Byrd. I couldn't name any names.
The Chairman. You could not name names ?
Mr. Byrd. No, sir.
The Chairman. Well, the Chair on behalf of the committee, wishes
to thank you for your cooperation. I do not know what final results
or what will finally be the fruits of our labors, but I am hopeful that
out of this expose of gangsterism and crime and blackmail and violence
that we can find and will be willing to enact some laws that will afford
better protection to working people of this country who simply ask
for their freedom, and nothing more, and just to work at an honest
occupation and be left alone. I am hoping we can do it.
Thank you very much.
Mr. Byrd. Yes, sir.
The Chairman. Call the next witness.
Mr. Kennedy. Mr. Paul Andrews.
The Chairman. You do solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. Andrews. I do.
TESTIMONY OF PAUL L. ANDREWS
The Chairinian. State your name, your place of residence, and your
business or occupation.
Mr. Andrews. Paul L. Andrews. I live at 415 Landon Drive, Nash-
ville, Tenn. I am vice president of the Thurston Motor Lines.
The Chairman. Thurston Motor Lines ?
Mr. Andrews. Yes, sir.
IMPROPER ACTIVITIEiS IN THE LABOR FIELD 7091
The Chairman. Do you waive counsel ?
Mr. Andrews. Yes, sir.
The Chairman. Proceed.
Mr. Kennedy. Prior to becoming a vice president of Thurston
Motor Lines, did you hold some other position in a motortrucking
company ?
Mr. Andrews. I was the president of B & S Motor Lines, with
headquarters in Nashville, Tenn., until August 1, 1956, on which date
we consummated a merger between my company and Thurston Motor
Lines, and then B & S Motor Lines became as Thurston Motor Lines,
a part of Thurston JMotor Lines.
Mr. Kennedy. We are concerned primarily here with your opera-
tions of the B & S Motor Lines Co. Could you tell us how big an
operation that was ?
Mr. Andrews. Well, at that time during the period that I think you
are interested in, we operated three terminals. Our home terminal
was Nashville, Tenn., and a terminal in Memphis, Tenn., and a termi-
nal in Charlotte, N. C.
jV£r. Kennedy. Now, could you tell the committee briefly as you
liave told me about the situation regarding the union; tirst, the
teamsters union and then tlie independent union, and what occurred,
which culminated in the events that we will be primarily interested in ?
Mr. Andrews. We had a little unique situation with respect to our
over-the-road drivers. Our company owned the trailer part of the
equipment and contracted with owner operators to pull the trailers, or
to move the trailers from one terminal to the other, with their own
equipment. In other words, they were independent contractors, con-
tracting to the company to move its trailers and its freight.
" Now then, there was another category of drivers, of course, being the
local pickup and delivery and dockworkers that were actually em-
ployees of the company.
When I took over the company there, the teamsters union had a con-
tract covering the local people. That is to say, they were contracting
to represent the local pickup and delivery and dockworkers at the
Nashville terminal, only. They were seeking to force me to sign a
contract allowing them to represent the owner operators or the inde-
pendent contractors who were pulling our trailers for us. We con-
tended that there was no place for a union contract with that group of
people in that they were businessmen of their own right and conse-
quently it was not incumbent upon me to try to force a contract on
people who were in business for themselves.
I so advised the union numerous times. Then later, after tlie expi-
ration of the teamsters union contract which was in etfect at the time
that I took over the operation of this company, after that expired
Mr. Kennedy. Just so we get that straight, that was with your
local drivers; is that right? They were actually employees?
Mr. Andrews. That's right. They were employees and, of course,
had every right to belong to a union if they desired to.
Mr. Kennedy. Your company did have a contract with the teamsters
union in connection with those drivers ?
Mr. Andrews. That's correct. That contract expired, I believe, on
January 31, 1955.
7092 IMPROPER ACTIVITIES IN THE LABOR FIELD
In the meantime there had been this harassment going on there
with the teamsters union trying to force recognition for tliese owner
operators, so tliat apparently the local pickup and delivery drivers
didn't like that too much and either they got interested in an inde-
pendent union or the independent union got interested in them, one or
the other, and there were eight such employees at the Nashville
terminal.
The independent union petitioned the National Labor Relations
Board for an election. Of course, immediately then the teamsters
union filed unfair labor charges, cnarging that we were dominating
the men, and I don't know what ali. That held the thing up for some
time, possibly 60 days perhaps, and I am not sure about the delay
there.
During that time a lot of violence occurred, which we will go into
later, if you desire. But finally when the thing had run its gantlet,
that is the unfair labor charges had run their gantlet of some 60
days, the Labor Board came in and held an election as between no
union at all, the independent union, and the teamsters union.
Well, the result of the election was tliat the teamsters union didn't get
a single vote. The independent union got all of the votes.
So they no longer, of course, could represent that group. That left
for them only the possibility of representing the owner-operators or
the independent contractors, as we referred to them.
Then the independent union, whicli had been successful in gaining
recognition to represent the local pickup and delivery employees, filed
a petition with the NLRB to represent the same group that the team-
sters union were trying to represent. The Labor Board came in and
made its investigation of the matter and determined that they were
not employees, but rather that they were independent contractors
and that the Labor Board had no place to take jurisdiction in this case,
and consequently indicated tliere was no place for a labor union to enter
the picture.
But that did not deter the teamsters union, and they persisted and
would go out and change their signs periodically from one thing to
another, and persisted in picketing and all of the other disturbances.
Mr. Kennedy. What did the union do ?
Mr. Andrews. The independent union accepted the National Labor
Relations Board decision and discarded any desire to represent that
group of people.
Mr. Kennedy. But the teamsters continued to attempt to represent
them, is that right ?
Mr. Andrews. That is right, sir.
Mr. Kennedy. Tliat gives us the background and the history.
During this period of time that you have been discussing, did you
have conferences and conversations with teamster union officials?
Mr. Andrews. Yes, I did between November of 1954 and May 2, I
believe, of 1055. I had some 20 contacts with various officials of the
Teamsters Union, Local 827, most of which contacts were initiated on
the part of tlie union. In fact, all were, and most of which contacts
resulted either directly or indirectly in certain threats.
Mr. Kennedy. Will' you tell us what occurred as far as threats that
were made to you during this period of time that was described and
with whom vou had these conversations ?
IMPROPER ACTIVITIElS IN THE LABOR FIELD 7093
Mr. Andrews. In November of 195-1 business agents Ewing King
and another business agent whose name I don't remember offliand,
came to my office and told me that I had better get two of my inde-
dependent contractors who they came to see me about, wliose name
was Hampton and the other name was Johnson, to sign up with the
teamsters union, to come into their union. I advised them that it was
not my prerogative to either encourage or discourage membership in
theirs or any other union. They left me with the very definite feeling
that if I did not go ahead and exercise certain encouragement for these
two individuals to become members of local 327 of the teamsters, that
I could expect trouble with them. Of course, they didn't go into any
elaboration as to just what the trouble would be but they made it very
clear to me that if I didn't go along and encourage membership
on the part of these two individuals I could expect trouble.
Mr. Kjennedt. Then did you have further conversations with the
other individuals ?
Mr. Andrews. Yes. Later on December 7, in fact, Lordly, a stew-
ard or business agent of the union, came on to our property at the
Nashville terminal and was attempting to whip or beat up one of
these same men we were just discussing and I went out and got him
and brought him into my office and was conferring with him about
the matter, trying to get the trouble straightened out there, and about
that time right in the middle of our conference two of the teamsters'
other business agents stormed into the office, almost broke the door
down and entered my office, unannounced of course, and wanted to
know what was going on. I kind of got the thing settled down a
little bit there after a good bit of discussion and abusive language
on their part, and they told me, in fact Bob Ozment
Mr. Kennedy. 0-z-m-e-n-t?
Mr. Andrews. Yes.
Mr. Kennedy. Was he business agent ?
Mr. Andrews. And so was Ewing King, who was the other busi-
ness agent who stormed into my office. Bob Ozment told me he was
going to stop these nonmiion drivers from pulling freight out of
North Carolina into Nashville and through Nashville. I said, "Well,
Bob, how are you going to go about it ? I am managing this business,
I ought to be able to operate it."
Then Ewing King spoke up and says, "Well, we have ways and
means by which to do that."
I said, "Mr. King, do you mean by that statement that you are
going to take a club and beat someone over the head with it?"
He looked at Ozment and said to him, "Andrews has been around,
he knows how we operate ; doesn't he ?"
That ended that conversation in that particular interview.
Mr. Kennedy. During this period of time were some of your in-
dependent contractors receiving threats ?
Mr. Andrews. Yes; they did all through this period. Then later
on December 17, 1954, the union and some of the trucklines had this
grievance procedure set up. They were having a grievance meeting
in Nashville. On this particular day a friend of mine from Knoxville,
who is a representative of the Huber & Huber Motor Express, was
participating on the side of management in this particular grievance
conference. Later in the afternoon of this day he came to me and told
7094 IMPROPER ACTIVITIES IN THE LABOR FIELD
me that Bob Ozment, business manager of local 327, asked him to come
and. tell me that if I did not get straight immediately with the Team-
sters' Union Local 327 he was going to close me up.
Along about this same time 2 individuals who apparently was
W. A. Smith and Perry Canaday approached 2 of the independent
contractors in the garage.
Mr. Kennedy. Who is W. A. Smith ?
Mr. Andrews. W. A. Smith was a business agent of local 327.
Mr. Kennedy. Is he also known as "Duimny" Smith ?
Mr. Andrews. That is right.
Mr. Kennedy. And "Hard-Hearing Smitty" ?
Mr. Andrews. That is right.
Mr. Kennedy. He wears a hearing aid ?
Mr. Andrews. Yes, sir.
Mr. Kennedy. And he came ?
Mr. Andrews. He along with Perry Canaday.
Mr. Kennedy. C-a-n-a-d-a-y ?
Mr. Andrews. That is right. He is a business agent for local 327.
He approached these two drivers in the garage of tJie General Truck
Sales at Nashville and made threats to them of bodily injury if they
did not join their union. Then on January 4 of 1955 this same W. A.
Smith that we were just discussing along with Perry Canaday and
another individual or two whom I did not know drove onto my
terminal lot and partially blocked a driveway there and stopped an
Arnold Ligon truck, the driver of which was named Curtis. They
took him out of the truck, brought him over to their car and started
going through his bills. He was bringing freight to us, that is. In-
terchange Traffic. I left my office and went out to the car to see what
was going on there, and W. A. Smith, the business agent of 327, was
sitting on the right side of the front seat of the automobile.
As I approached the automobile Smith stormed out of the car, came
around behind it and walked up to me, putting his toes on or against
my toes with his nose about 3 inches from my nose, and started
cursing me and using every kind of vile and filthy language that he
could possibly think of for at least 3 or 4 minutes.
He stood there continuing that kind of conversation until he ap-
parently completely exhausted his vocabulary of all the vile and
vulgar language he could think of, at which time, after I had not re-
sponded as he apparently thought I would by making some move or
another, then he very meekly and quietly withdrew himself and got
back in the car and they drove away. But they succeeded in also
sending the Arnold Ligon truck and driver away with my freight,
too.
Mr. Kennedy. Then they attempted to get you to sign a contract ?
Senator Ctjrtis. Excuse me.
Was there a hot cargo clause involved in that, their change of
freight there ?
Mr. Andrews. Yes, sir ; but that came later. That did not happen
right at this time. \Vliat they were doing, they were putting the
j3ressure, they would come out and sit — this was before the picket
lines was set up, all this business was going on before they actually
put up a picket line but they would some out and wait for the other
drivers who wei:e members of their local to approach our terminal
II^IPROPER ACTIVITIES IN THE LABOR FIELD 7095
and then they would stop them as they had done this particuhir driver
and send them away.
Apparently they would threaten them or do whatever was neces-
sary to cause them to take the freight away and not deliver it to us.
On January 31, Bob Ozment, w^hom we have mentioned here be-
fore and who was a business agent for local 327 of the teamsters,
came into my office with some kind of mimeographed piece of paper
and asked me to sign this contract. He threw it on my desk and said,
"Sign that." I said, "What is it ?"
He said, "That is the contract." There were only a couple of pages
of it. I didn't know what it was. It looked more like a power of
attorney to me.
I said, "Mr. Ozment, that does not look like any contract to me.
I suggest you contact my lawyer, Mr. Wilson Sims, because I have
turned these matters of signing contracts over to him and will you
please contact him about this business of signing a contract."
He said, "We'll see about that but I am not interested in your law-
yer signing any of the contracts. You are the man whose signature
I want on this contract."
Then he went on away but he told me that they were going to put
up a picket line the next day.
Wei], the next day they didn't put the picket line up as he threat-
ened, but the following day, on February 2, 1955, they did erect the
picket lines.
Senator Curtis. 1956^
Mr. Andrews. 1955.
Senator Curtis. 1955 ?
Mr. Andrews. That's right. They did erect a picket line and we
got that picket line removed by State court injunction.
It was removed unconditionally. That held and all the violence
and everything else stopped. Everything stopped and everything
ran smoothly through there for awhile. On May 1, I believe it was,
the State court modified the injunction to permit peaceful picketing
only. Then immediately the next day Bob Ozment came to my office
and said, "I am giving you one last chance to sign this contract before
we set up a picket line." None of this time had he furnished me any
information that even one single one of these independent contractors
wanted to belong to his union or held membership in his union.
The Chairman. Did he leave a copy of the contract for your exam-
ination?
Mr. Andrew^s. No, sir ; he carried it on with him.
The Chairman. Did you ever read it?
Mr. Andrews. I never did have an opportunity to read it.
The Chairman. You never knew what was in it ?
Mr. Andrews. No, sir.
The Chairman. He was not asking you to read it. He was just
asking you to sign it.
Mr. Andrews. That is correct.
Senator Curtis. Is that what they refer to as negotiating a contract ?
Mr. Andrews. Well, maybe they considered it that, sir.
Ozment, the next day after the injunction was modified, came to my
office and says, "I am giving you one last chance to sign this contract,"
and he did not even take it out of his pocket this time.
89330— 58— pt. 18 4
7096 IMPROPER ACTIVrnES IN THE LABOR FIELD
I said ":Mr. Ozment, have you contacted my attorney as I requested
you to?*' He said, "I am not interested in contacting your attorney
and you can sign this contract or else I am gonig to put up a picket
line now." -n i, 4-
I said, "'Well, now, so far as I am concerned you will have to go
aheadandi)utupai)icketline." . n- n i .1 -i ^v
So he loft my oflice and went on out and established the picket line.
Mr. Kexxedy. Were there certain acts of violence committed against
your company and against the employees of your company ?
Mr. Andrews. Yes, sir.
Mr. Kenxedy. Did they start on December 9, 1954 ?
Mr. Andrews. Yes, sir.
Mr. Kennedy. And continue through November 21, 1955 ?
Mr. Andrews. That's correct.
Mr. Kennedy. During this period of controversy ; is that right ?
Mr. Andrews. Yes, sir.
Mr. Kennedy. During that period of time, according to the records
we have, tliere Avere some 34 separate acts of violence.
Mr. Andrews. Actually 38.
Mr. Kennedy. And they started on December 9, 1954, and went
through the date I mentioned, November 21, 1955 ?
Mr. Andiusws. Yes, sir.
Among the acts of violence — this is not all of them — but among
those acts of violence there were 19 shootings, 2 bombings, 1 slugging,
and 6 syrupings and tire slashings. That, of course, is not all, but
those constitute the major acts of violence.
The Chairman. Nineteen shootings. '^Vllat is the other ?
Mr. Andrews. Two bombings, 1 slugging, and 6 syrupings and tire
slashings.
Senator Curtis. How many arrests ?
Mr. Andrews. Two individuals were arrested.
Senator Curtis. How many convictions ?
Mr. Andrews. We got two. They were arrested on the slugging
charges, which was the last act of violence that we had.
Mr. Kennedy. That is No. 140 on the chart over here. On Novem-
ber 21, 1955, that is when this man was slugged ?
Mr. Andrews. That's right.
Mr. Kennedy. Could you tell us what occurred on that date ?
:Mr. Andrews. On November 21, 1955 ?
Mr. Kennedy. Yes.
Mr. Andrews. If I could back up just a little to give you a little
background prior to that, sir, after the State had modified this injunc-
tion they came out and set up this picket line, then we started the other
process of going the long route to the NLRB.
So it went on the regular processes of trying to get the NLRB to
handle the matter which finally culminated in our getting an injunc-
tion 111 Federal court to completely remove the picket line. This
injunction, I believe, was effective on October 16, 1955. Then, as you
know, after a Federal court gives an injunction, then the NLRB sends
Its trial examiner in to examine all the evidence to see whether or not
the lu'(k'ral court has erred in its decision and will reexamine the
whole process of evidence to determine whether or not the injunction
shall stand or be dissolved.
IMPROPER ACTIVITIES IN THE L.\BOR FIELD 7097
Then we had set for the 26th of November a hearing before the trial
examiner who was sent down to hear the evidence in our particular
case.
This boy who was slugged, Jimmie Bruce, had received a subpena
to appear as a witness on behalf of the company at this hearing that
was set before the trial examiner of NLRB, I believe, for November
28. Just 1 week before that is when the slugging occurred.
Now he had been served some several, oh, 3 or 4 weeks before that,
with this subpena, as I recall. He was one of the principal witnesses
to testify in the company's behalf at this hearing.
Mr. Kennedy. What happened ?
Mr. Andrews. About 6 p. m. on the night of November 21 I got
a call from one of the other independent contractors advising me
that someone had slugged Jimmie Bruce.
Well, I told them to call an ambulance immediately, which they did,
and sent him on to the hospital. I believe 6 of the other independent
contractors were with him and they saw Shorty Richardson, and
Shorty Richardson is connected in some capacity with teamster local
327, I am not sure he is a business agent or steward or what.
Mr. Kennedy. He is a member.
Mr. Andreavs. At least a member. The other independent con-
tractors who were with Bruce saw Shorty Richardson and Perry
Canaday, business agent for local 327, drive in and around this res-
taurant where this slugging took place. Then they came from behind
the restaurant and got the fellow who actually did the slugging and
carried him away in their automobile.
Of course we immediately swore out warrants for and had arrested
Shorty Richardson and Cannady.
Mr. Kennedy. What happened to Bruce ?
Mr. Andrews. Bruce remained in the hospital in a very critical
state, unconscious actually for approximately 10 days.
Mr. Kennedy. He was unconscious for 10 days ?
Mr. Andrews. Yes.
Mr. Kennedy. He had a fractured skull, did he ?
Mr. Andrews. He had two fractures. He had a fracture on this
side. He was hit on the left side and his jaw was fractured on the
right side.
Mr. Kennedy. Is he still somewhat incapacitated ?
Mr. Andrews. Yes, sir; he is. It is my understanding that he is
quite incapacitated. As a matter of fact, he never has returned to
his job of driving his own truck for our company.
Mr. Kennedy. That is some 2 years later ?
Mr. Andrews. That's right.
Mr. Kennedy. He still cannot work, himself ; is that right ?
Mr. Andrews. No, sir.
Mr. Kennedy. His wife is working ?
Mr. Andrews. His wife is employed I understand and is the prin-
cipal means of income.
Mr. Kennedy. You paid his expenses in the hospital ; did you ?
Mr. Andrews. Yes, sir.
Mr. Kennedy. But he has no other source of income other than
his wife's work at tlie present time.
Mr. Andrews. That is all, to my knowledge.
7098 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr Kexxfdy. Now, Mr. Chuirnian, we have all these acts starting
witli Dec-ember 9 and going through this period of time. I don t
know whether you would want them read into the record, there are
about three pages. i. .. <.i -f
The (^HViinivN. Do you have a copy of them to present to the wit-
ness so that he might examine them and testify to them and then they
will be properly authenticated for the record.
Mr. Kenxedy. I think it might be well if he could follow them.
Mavbe Mr. McShane can read them. ^, ^, ^, , „ ,,
Tlie Chaikmax. I am going to have Mr, Mcbhane, member of the
staff, and who has been sworn to testify at this series of hearings,
read' these several incidents of violence to which you have referred
and let you verify each one according to your knowledge as he reads
them. n -^ 1
I am doing it that way to shorten the testimony, and if there is
anything, any error in what he reads, according to your knowledge,
you so state, i • i
Mr. Andrews. Mr. Chairman, do you want me to stop him each
time and verify each one, or sliall he go ahead and proceed ?
The CiiAiuMAX. After he has read each one you can say whether it
is correct or make a modification or correction of it as to what you
think is proper, under oath.
You may proceed, ]Mr. McShane.
Mr. McShane. December 9, 1954: Sirup was poured into the en-
gines of 4 B. & S. trucks in the Nashville terminal; also, 6 tires were
slashed on B. & S. trucks on this date.
Mr. Andrews. That is correct.
Mr. McShane. 2. December 9, 1954: Sirup was poured into the
engines of 3 trucks in the B. & S. terminal in Memphis, Tenn. ; also,
4 tires were slashed on B. & S. trucks in Memphis on this date. The
estimated damage for both incidents on this date was $3,500.
Mr. Andrews. That is correct,
Mr. McShane. 3. January 29, 1955: A truck driven by W, E,
Richardson of Charlotte, N. C, the property of McMillan Oil Com-
pany of Charlotte, N. C, while in the Nashville B. & S. terminal, had
sirup and abrasives put into its engine. Estimated damage, approxi-
mately $1,000.
Mr. Andrews. That is correct.
Mr. McShane, 4, March 31, 1955 : Three strangers called on W. E.
Richardson at his home in Charlotte, N. C, and attacked him with
a knife, because he had given an affidavit in connection with the sirup-
ing of his truck in Nashville on January 29. Richardson supplied
Andrews an affidavit to support this statement.
Mr. Andrews. That is correct.
Mr. McShane. 5. April 1, 1955: Someone hurled a rock from a
speed mg car tlirough the windshield of Jimmy Bruce's truck, Bruce
at the time was an independent contractor for the B. & S, Lines.
This incident occurred approximately 5 miles east of Knoxville,
Mr. Andrews. That is correct.
Mr. McSiiAXE. 6. May 21, 1955: At a point 25 miles east of Mem-
phis, someone fired 5 shots at a B, & S. tractor pulling a Mundy
trailer. Drivers on the unit at the time were John Fultz and Joe
IIol)bs. P.otli were operating for Davis Robertson, owner of tlie
IMPROPER ACTIVITIES IN THE LABOR FIELD 7099
tractor. Four of the shots apparently missed, but one bullet went
through the trailer.
Mr. Andrews. That is correct.
Mr. McShane. 7. June 2, 1955 : Someone in the group of pickets
in front of B. & S. terminal in Nashville stoned the home of George
McConnell, while he was attempting to repair a television aerial on
his house. Mr. McConnell at the time was a mechanic for B. & S. Motor
Lines.
Mr. Andrews. That is correct.
Mr. McSiiANE. 8. June 12, 1955: At approximately 10:30 p. m.,
15 miles east of Knoxville, a shot was fired from an automobile into
the windshield of J. R. Walker's truck which, at the time, was under
contract with B. & S. Motor Lines. The bullet hit the steering wheel
and deflected to the floor, probably saving the life of Tom Copeland,
the driver.
Mr. Andrews. That is correct.
Mr. McShane. 9. June 12, 1955: At approximately 11 p. m., and
20 miles east of Knoxville, 2 shots were fired at Davis Robertson's
truck which, at that time, was under contract with B. & S. Motor
Lines. One of the bullets punctured one of the tires on the trailer.
Mr. Andrews. That is correct.
Mr. McShane. 10. June 16, 1955 : At approximately 8 : 30 p. m., on
U. S. 70, near Donelson, Tenn., a person believed to be Ray Proctor,
one of the pickets, hurled a stone at James Peterson's truck, which
ricocheted off the rear view mirror to the cab of the truck behind the
head of the driver.
Mr. Andrew^s. That is correct.
Mr. McShane. 11. June 17, 1955 : Joe Franklin along with a group
of other pickets, followed Carl Childress, an independent contractor
for B. & S. Motor Lines, from the picket line to the junction of High-
way 70. They stopped him and tried to get him out of his truck in
order to assault him.
Mr. Andrews. That is correct.
Mr. McShane. 12. June 18, 1955 : At approximately 10 p. m., a car
made two trips by the picket line and on each trip a shotgun blast was
fired into the doors of the B. & S. Motor Lines terminal in Nashville.
Mr. Andrews. That is correct.
Mr. McShane. 13. June 23, 1955 : A. P. McKinney and Lloyd Bar-
rett, while in their truck, were fired on near the North Carolina-
Tennessee line on Highway 70, just on the North Carolina side.
Mr. Andrews. That is correct.
Mr. McShane. June 29, 1955: At approximately 4:30 a. m., be-
tween Nashville and Bellemeade, on Highway 70, someone in a blue
Mercury automobile fired on a truck driven by Paul Welch, who was
at the time under contract to the B. & S. Motor Lines.
Mr. Andrews. That is correct.
Mr. McShane. July 2, 1955 : At 2 p. m., from a vacant lot inside the
city limits of Nashville, 2 shots were fired at operators Harold Sey-
more and Larry Beaver.
July 2, 1955: A. A. Mullis and a person by the name of Childers,
both of whom were pickets at Charlotte, N. C, stopped one of the
company's trucks at the B. & S. terminal in Charlotte and pulled a
colored boy, who was a helper on the truck, from the automobile and
7100 IMPROPER ACTIVITIES m THE LABOR FIELD
1 u;,.. ..Q hp nvide his ^retaway. At least one stone found its mark
^^Zl . o\S bov-s head Mullis then proceeded to break tlie air line
W t e t ule' i Ihrlractor, which Ld up the unit in the street.
Pol ce were called and three guns were found on the picket line.
The Cn!mMAN. You said three guns were found. Do you mean
shotguns or what ? -, , , ^ ^i
.A[r VxDREWS. Pistols and shotguns together. . . ^ .. ,
Mr" McShane. July 8, 1955 : At 2 am. approximately 4 miles east
of Minnville, Tenn., Ted Barnett was fired upon from a blue Mercury
automobile.
Mr Andrews, That is correct. ^1^.1
Mr! McShane. No. 18. July 8, 1955. At 11 : 50 p. m. on the ruck
route through Knoxville, Tenn., someone hurled ^/^ea^y,?,'?^^^^' ^^■
lieved to be a 10- or 20-pound rock, from a light blue Cadillac auto-
mobile meeting Kenneth Puckett's truck at a very high rate of speed
The obiect misled the windshield of this truck by a few inches, crashed
into the left front side of the trailer, knocking a hole m the trailer
and denting a place on the left front of the trailer approximately 10
inches square.
Mr. Andrews. That is correct.
Mr. McShane. No. 19. July 9, 1955. Someone disengaged the
trailer connection between the tractor and the trailer on one ot the
B & S units while it was being loaded at the Cold Storage Co., m
Nashville, causing the tractor to drop the trailer, inflicting consider-
able damage and placing lives of iimocent people m jeopardy.
Mr. Andrews. That is correct.
Mr McShane. No. 20. July 9, 1955. Shots were fired from a picket
line at the Nashville terminal. Nathan Long, the company's rate
clerk for B. & S., left the office, went out to investigate, and observed
Kelvey Howell, one of the pickets, aiming a gun in the direction of
the terminal.
Mr. Andrews. That is correct.
The Chairman. Did they ever do anything to these folks for carry-
ing guns there and shooting on tiie picket line ?
Mr. Andrews. No, sir.
The Chairman. Even though they were identified ?
Mr. Andrews. That is right.
The Chairman. The local figures never took any action ?
Mr. Andrews. No, sir ; they never did.
The Chairman. Were these things reported to the local officials ?
Mr. Andrews. Yes, sir.
The Chairman. And no grand jury ever indicted them ?
Mr. Andrews. No, sir.
The Chairman. No arrests were made ?
Mr. Andrews. No, sir ; except for this one instance, in the slugging
instance.
The Chairman. On one instance in all of these was an arrest made
so far as you know ?
Mr. Andrews. That is right.
The Chairman. All right, proceed.
Mr. McShane. No. 21. July 10, 1955, on Highway YO, just west of
Lebanon, Tenn., a shotgun blast was fired into the left door of A. B.
McKinney's tractor, blowing away part of his elbow. This man was
hospitalized for se^-eral weeks thereafter.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7101
Mr. Andrews. That is right, with the exception of the initials. It
is "A. D.," not "A. B."
Mr. McShane. No. 22. July 16, 1955. Kaymond Peterson's truck
was fired on at approximately 9 p. m., approximately 20 miles east of
McMinnville, Tenn.
Mr. Andrews. That is correct.
Mr. McShane. No. 23. July 23, 1955. A bomb was thrown into the
B. & S. terminal lot at Charlotte, N. C, which came to rest and ex-
ploded between 2 automobiles, inflicting considerable damage on the
2 cars. No personal injuries were sustained.
Mr. Andrews. That is correct.
Mr. McShane. No. 24. August 15, 1955. V. H. Williams' truck
was fired upon from an automobile parked in a side road 5 miles east
of Collierville, Tenn. Several bullets punctured his left front tire
and fender skirt just above the running board.
Mr. Andrews. That is correct.
Mr. McShane. No. 25. August 19, 1955. On Highway 70, ap-
proximately 5 miles west of Rockwood, Tenn., someone fired on
Davis Robertson's truck with a high-powered rifle from a car
parked in a side road. A bullet penetrated a right front fender
which was very heavy metal material and then went all the way
through the right front tire.
Mr. Andrews. That is right.
Mr. McShane. No. 26. August 31, 1955. William Sherill, a col-
ored delivery boy for the Safety Service Co. in Nashville, was run off
by pickets with a shotgun, when he approached the terminal to make a
delivery.
Mr. Andrews. That is right.
Mr. McShane. No. 27. September 17, 1955. A two-tone green
Pontiac followed James Morris from the picket line out to Elm Hill
Road and fired two shotgun blasts into his truck. One blast hit his
left front fender and smashed the direction signal. The other blast
hit the rear view mirror and came inside the cab behind the driver's
head. Morris supplied an affidavit to Andrews supporting this
statement.
Mr. Andrews. That is correct.
Mr. McShane. No. 28. September 22, 1955. At 3 a. m., at a point
approximately 5 miles east of Nashville, on Highway 70, a shotgun
blast was fired at William Sawyer's truck. The blast went just in front
of the windshield and hit the rear-view window on the right side of
the truck. Particles of the bumijig powder burned the face of the
driver and his helper.
Mr. Andrews. That is correct.
Mr.McSHANE. No. 29. September 24, 1955. A bomb was placed on
the left rear tires of B. & S. trailer No. 18 and exploded while the
trailer was parked on the McKenzie Pa jama Co. plant at McKenzie,
Tenn. Damages to the unit and freight were approximately $2,500.
Mr. Andrews. That is correct.
Mr. McShane. No. 30. September 25, 1955. At 2 a. m. approx-
imately 3 miles west of Montery, Tenn., on U. S. Highway 70, three
shots in rapid succession were fired on Fred Baker and the truck he
was driving, which was owned by Heaton Brothers of Roane Moun-
tain, Tenn., who had a contract with B. & S. Motor Lines at the time.
None of the shots hit the driver of the truck.
7102 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Andrews. That is correct.
Mr McSiiANE. No. 31. September 26, 1955. Harold beymore
and liis truck were fired on at 12 : 30 a. m., at a point between Cross-
ville and Kockwood, Tenn., on United States Highway 70. Fortu-
nately the blast missed the driver and the truck by barely going over
the top of the cab and a few inches above the driver's head.
Mr. Anduews. That is correct.
:^rr. McShane. Xo. 32. October 21, 1955. At 2 : 30 a. m. on High-
way 70, 2 miles west of Livingston, Tenn., Eaymond Peterson was
fired upon, apparently from an automatic shotgun. Three shots of
rapid succession struck the left front part of the cab of the truck.
No personal injury was sustained.
Mr. AxDKEws. That is correct, with the exception of the town being
"Lebanon" instead of "Livingston."
The Chairman. Lebanon?
Mr. Andrews. Yes, sir.
Mr. McSiiANE. No. 33. October 27, 1955. At 9:30 p. m. three
shots were fired from an old model Hudson automobile as it passsed
the front of the B. & S. terminal in Charlotte, N. C.
Mr. Andrews. That is correct.
Mr. McSiiANE. No. 34. November 21, 1955. At approximately
6 p. m. James T. Bruce was slugged by an unknown assailant as he
was leaving JNIartin's Restaurant on Murfreesboro Road, in Nash-
ville, Tenn., where he and several other B. & S. contractors had just
completed their dinner.
The Chairman. Is that the slugging that you secured a conviction
for?
Mr. Andrews. Yes, sir. Of course the status of the case presently
is that it is under appeal. They have appealed the lower court's in-
dictment to the State supreme court.
The Chairman. I understand from you, from this statement, that
the man who actually did the slugging has not been identified.
Mr. Andrews. He has not been.
The Chairinian. So the two who are convicted are for accessories,
are they?
Mr. Andrews. Conspiracy.
The Chairman. All right; proceed.
Mr. McSiiANE. Perry Canaday and Shorty Richardson of local 327
in Nashville were convicted of conspiracy in February 1957, in con-
nection with this crime.
Mr. Kennedy. I think we have had testimony on all this. That
is it as far as we have it. Do you have something to supplement
that ?
Mr. Andrews. No, sir ; that is all.
The Chairman. Let me ask you what has happened. These inde-
pendent contractors have been organized ?
Mr. Andrews. No, sir; not these, to my knowledge. They have
never been organized.
The Chairman. How many were actually involved that they were
trying to organize when all this violence was Deing committed ?
Mr. Andrews. About 50 men.
The Chairman. There had been about 50 of those independent
contractors?
IMPROPER ACTIVITIES IX THE LABOR FIELD 7103
Mr. Andrews. AVell, the independent contractors plus their em-
ployees.
The Chairman. Plus the employees ?
Mr. Andrews. Yes.
The Chairman. In other words, there were about 50 people that
they were trying to organize.
Mr. Andrews. That is right, sir.
The Chairman. Some or all of this violence at least was committed
during the period of time covered here from the first incident read to
you by Mr. McShane down to the last incident of the slugging ?
Mr. Andrews. Yes, sir.
The Chairman. Yet they have not succeeded in organizing them?
Mr. Andrews. No, sir.
The Chairman. Those people down there are made of pretty strong
stuff, aren't they, to resist all this ?
Mr. Andrews. Yes, sir. I believe so.
Senator Curtis. Has the National Labor Relations Board made a
ruling as to their status and did they find that they were something
other than employees ?
Mr. Andrews. No, sir; tliat still stands. You mean other than
independent contractors ?
Senator Curtis. Yes. In other words, they found that they were
not employees ?
Mr. Andrews. Yes, sir; that is right, and that ruling still stands.
Senator Curtis. Now were each and every one of these acts of
violence reported to law officers ?
Mr. Andrews. Yes, sir. There may have been 1 or 2 of the lesser
ones that were not reported. Certainly these tliat you lieard about
here wei"e reported.
Senator Curtis. Was there ever any roundup of men who were
carrying guns in the picket line or elsewhere I
Mr. Andrews. No, sir ; not to my knowledge. The guns that were
maintained on the picket lines so far as I know were shotguns or
something they could say they could legally keep there. We pro-
tested of course to the law-enforcement people. They said unless we
could prove that they had them out there for some purpose of damag-
ing somebody's property or injuring somebody bodily, they could not
do anything about removing them.
Senator Curtis. But there were shots fired froin tlie picket line;
were there not ?
Mr. Andrews. Yes, sir.
Senator Curtis. Did they say what other kind of proof they
wanted ?
Mr. Andrews. No, sir; except to say that the fellow could have been
shooting at birds or something like that, and they didn't know. Tliey
had no proof of what they were shooting at.
Senator Curtis. Did you have any proof of what they hit ?
Mr. Andrews. No, sir.
Senator Curtis. They did hit your terminal in one instance?
Mr. Andrews. That shot came from an automobile passing by.
Those two shots came from an automobile passing by wliere tlie picket
line was. As a matter of fact there never was Avhat I consider a picket
line. What they did was come out there and pitch a tent, a group of
7104 IMPROPER ACnVITIE'S US' THE LABOR FIELD
them cowered under that, and apparently used it as a base of opera-
tions to follow these trucks out on the highway.
Senator Curtis. Is it legal to hunt birds there at that plant?
Mr. Andrews. Well, sir, I don't know. I can't answer that one.
Senator Curtis. Are there any birds there to shoot at ?
Mr. Andrews. No, sir; unless it would be sparrows or something
like that.
Senator Curtis. Sparrows ?
Mr. Andrews. Yes, sir.
Senator Curtis. Did any newspaper take this matter up, and
present the facts to the public ?
Mr. Andrew^s. Yes, sir; the Banner and the Nashville Tennessean
both ran extensive stories on the matter, and in fact at one point, at
least, I believe they listed the acts of violence in chronological order
about as we have listed them here, or at least most of them.
Senator Curtis. My sympathies are certainly with the people whq
suffered from these acts of violence. Of course, until this committee
completes its work, it cannot be ascertained just what legislation would
be suggested. But it seems to me it is going to be impossible for the
Government of the United States to provide a police force for every
county and every city and every locality. I hope out of this investi-
gation here, the good people of these communities involved will be
aroused. I am satisfied they are in the majority, and certainly they
can elect some officers who will maintain law and order. I hope that
can be done.
Mr. Kennedy. Wliat is your opinion as to the amount of law en-
forcement that existed as far as the violence that occurred against you
and your employees and your company was concerned? Were you
satisfied or dissatisfied ?
Mr. Andrews. Well, sir, of course, I was not satisfied. I would
not have been satisfied with anything short of a very vigorous investi-
gation resulting in conviction of each person responsible for each
incident.
Mr. Kennedy. Did you find a vigorous investigation ?
Mr. Andrew^s. Not in all cases ; no, sir.
Mr. Kennedy. Did you find it in a majority of the cases ?
Mr. Andrews. No, sir ; I would say in the very minority of the cases
was there vigorous investigation. I can only testify to those that I
helped do the investigating.
Mr. Kennedy. Were you involved or did you try to do some of the
investigative work yourself ?
Mr. Andrews. I did do some of it, along with some of the law-
enforcement officers.
Mr. Kennedy. "Wliere there was some shootings, two shootings that
occurred, did you investigate that, on June 12, I believe?
Mr. Andrews. Yes, sir, I did. I investigated, or at least made part
of the investigation along with Officer Reynolds of the Tennessee
Bureau of Identification.
Mr. Kennedy. Did Officer Reynolds express to you any feeling
about investigating a matter in which a labor union was involved, or
a labor dispute ?
Mr. Andrews I believe Mr. Reynolds did remark to me at one point
that he felt more comfortable with someone with him on the investi-
gation.
IMPROPEK ACTIVITIES IN THE LABOR FIELD 7105
Mr. Kennedy. Did he say anything else in connection with it ?
Mr. Andrews. I believe that is about the extent of it, sir.
The Chairman. You shared that comfort, did you not, whether you
were with him or someone else ?
Mr. Andrews. I believe we were mutually with that feeling, sir.
Mr. Kennedy. Did he say there was any difficulty in proceeding in
cases such as this ?
Mr. Andrew^s. I don't recall him making that statement. We dis-
cussed the matter. At various times the matter of difficulty in investi-
gating acts arising from labor violence was discussed. Actually I
don't know what Mr. Reynolds' feelings were in the matter, but I
have felt personally that in the case of some law^-enforcement officials
they were a little bit hesitant to really go all out and investigate
vigorously these incidents arising from labor trouble and violence from
labor trouble.
Mr. Kennedy. What would you say were the losses to you and your
company in connection with this problem that you had with the team-
sters union that you have discussed with us today ?
Mr. Andrews. We have arrived at what we consider a fair estimate
on that, and that is $110,000.
Mr. Kennedy. Do you have tliat broken down at all ?
Mr. Andrews. No, sir ; not in detail.
Mr. Kennedy. That is loss or damage to your property, and loss of
business ?
Mr. Andrew^s. Damage to our property, and loss of anticipated
profits. In other words, it is comparing the period that the labor
trouble went on with the immediate similar period, immediate past
similar period. That would indicate that our business would have
been at about that level, and that being the case, we would have antici-
pated prohts of so much. We gaged that part of the damage on that
basis, and not on loss of gross revenue, mind you, but on the loss of
difficulty. That loss of prohts was brought about by the damage to
our property, by the invoking of the "hot cargo"' clauses on our con-
necting carriers, which cut oR the biggest source of our business, you
see.
Mr. Kennedy. What would be the gross business that you feel that
3'ou have lost during this period ?
Mr. Andrews. We were doing immediately prior to the labor
trouble, a gross business of approximately $115,000 or $120,000 a
month. Immediately after the invoking of the ''hot cargo" clause and
all of the other trouble, our business dropped to about $75,000 a month,
gross.
Mr. Kennedy. That is about $40,000 each month ?
Mr. Andrews. That's right.
Mr. Kennedy. Of gross business that you lost during this period
of time ?
Mr. Andrews. That's correct.
Mr. Kennedy. And that lasted for over 10 months, did it not, or
about 12 months ?
Mr. Andrews. Approximately that ; yes, sir.
Mr. Kennedy. So that would'be over $400,000.
Mr. Andrews. In gross business ; yes, sir.
Mr. Kennedy. Between $400,000 and $500,000 ; is that right ?
Mr. Andrews. Yes, sir.
7106 IMPROPER ACXniTIES IN THE LABOR FIELD
Mr. Kennedy. I think that is all.
Perhaps there is one more thing. There was one man mentioned
that was shot, and you had an independent contractor that was shot,
is that right, who was actually hit %
Mr. Andrews. That was A. D. McKinney.
Mr. Kennedy. He was working for you at the time ?
Mr. Andrews. Under a contract.
Mr. Kennedy. As an independent contractor \
Mr. Andrews. Yes, sir.
Mr. Kennedy. That is all.
The Chairman. What is his condition? Did he recover ?
Mr. Andrew^s. Not completely, sir. He has what I believe to be
permanent injuries as a result of it.
The Chairman. Thank you very much.
Call the next witness.
Mr. Kennedy. I want to call Mr. Duffy briefly. Mr. Andrews has
testified as to the injunction that was put on the union and the activ-
ities of the union during this period of time and Mr. Duffy has made
an examination of the records of the teamsters union to determine
what their attitude was toward that injunction, and I would like to
have him tell the results of that.
The Chairman. You will remain under your oath, Mr. Duffy, and
proceed with your testimony as to the investigation you made and the
examination of the records of the teamsters union and the local and
whatever they reflect.
TESTIMONY OF LaVERN J. DUFFY— Resumed
Mr. Duffy. I have examined the minute book of teamster local 327
in Nashville, Tenn., and I made a photostatic copy of the minutes of
October 16, 1955, when a special meeting was called. I would like to
read one excerpt from those minutes.
The Chairman. The entire minutes may be made an exhibit for
reference, exhibit No. 4, and you may read excerpts therefrom.
(Document referred to was marked "Exhibit No. 4'' for reference
and may be found in the flies of the select committee. )
Mr. Duffy. "Brother King, teamster business agent out of Nash-
ville, stated B. & S. finally got an injunction but we were going to
ignore because we had already put up new signs and had their freight
cut off in Memphis."
The Chairman. Is there anything further ?
Mr. Kennedy. That is all.
The Chairman. Call the next witness.
Mr. Kennedy. Mr. McKinney.
The Chairman. Do you solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. McKinney. I do, sir.
TESTIMONY OF A. D. McKINNEY
The Chairman. State your name, your place of residence, and your
business or occupation.
Mr. McKinney. My name is A. D. McKinney, and I am a resident
IMPROPER ACTIVITIES IN THE LABOR FIELD 7107
of South Carolina, and I am an independent lease operator for Thurs-
ton IMotor Lines.
The Chairman. You waive counsel, do you, Mr. McKinney ?
Mr. McKiNNEY. Yes, sir.
The Chairman. I can explain to you that you have the right to have
an attorney present to advise you while you testify, as to your legal
rights, if you desire. Do you waive counsel ?
Mr. McKinney. Yes, sir.
The Chairman. Thank you very much.
All right, Mr. Kennedy, proceed.
Mr. Kennedy. Your name is spelled M-c-K-i-n-n-e-y ; is that right ?
Mr. McKinney. Yes, sir.
Mr. Kennedy. And your first name is what ?
Mr. McKinney. A. D. McKinney.
Mr. Kennedy. You were driving a truck for the B. Sj S. Motor
Lines ?
Mr. McKinney. No, sir ; I had a truck leased to B. & S.
Mr. Kennedy. You were an independent contractor doing work
for them ?
Mr. McKinney. Yes, sir.
Mr. Kennedy. During this period of time, 1954 and 1955, there were
attempts by the teamster-s union to organize you ; is that right?
Mr. McKinney. No, sir.
Mr, Kennedy. There were not ?
Mr. McKinney. No, sir.
Mr. Kennedy. Weren't the teamsters attempting to organize that
company ?
Mr. McKinney. Well, they were attempting to organize it, but they
never did approach me.
Mr. Kennedy. But they were attempting to organize the company,
and that would have included the independent contractors, although
you yourself were not approached ; is that right ?
Mr. McKinney. That's right.
Mr. Kennedy. Now, on June 23, 1955, while you were driving a
truck, were you fired upon ?
Mr. McKinney. Yes, sir.
Mr. Kennedy. And where was tliat ? TVliere did that occur ?
Mr. McKinney. That occurred between Hot Springs, N. C, and
Marshall, N.C.
Mr. Kennedy. And it was on the North Carolina side?
Mr. McKinney. Yes, sir.
Mr. Kennedy. You were in North Carolina ?
Mr. McKinney. Yes, sir.
Mr. Kennedy. Could you tell us what occurred ?
Mr. McKinney. An automobile met us on a curve and fired.
Mr. Kennedy. It did what ?
Mr. McKinney. An automobile met us on a curve and fired upon
us and never stopped, and it just kept on going.
Mr. Kennedy. It was coming from the opposite direction ?
Mr. McKinney. Yes, sir,
Mr. Kennedy. As you were going around a corner they fired ?
Mr. McKinney. Yes, sir.
Mr. Kennedy. Did any of the bullets hit the truck ?
7108 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. McKiNNET. Not that we could tell ; no.
Mr. Kennedy. Did anything occur after that ? Could you identify
them ?
Mr. McKiNNEY. I couldn't identify the automobile.
Mr. Kennedy. But you reported it to your employer or to Mr.
Andrews ?
Mr. McKiNNEY. I was en route to Charlotte, N. C, and as soon as I
got in I reported it.
Mr. Kennedy. Then did something occur on July 10, 1955, near
Lebanon, Tenn. ?
Mr. McKiNNEY. I was fired upon approximately 2 or 3 miles west
of Lebanon, and a car was meeting me that time.
Mr. Kennedy. Could you identify that at all ?
Mr. IMgKinney. No, sir.
Mr. Kennedy. Did the shot hit the truck or hit your car ?
Mr. McKiNNEY. I never did get a chance to find out.
Mr. Kennedy. Did anything else occur that evening ?
Mr. McKiNNEY. Yes, sir ; in approximaately 10 more miles
Mr. Kennedy. During this period of time were you frightened about
driving your truck ?
Mr. McKiNNY. No, sir ; not too much.
Mr. Kennedy. Even though you had been shot at twice already ?
Mr. McKiNNEY. Yes, sir.
Mr. Kennedy. It didn't frighten you ?
Mr. McKiNNEY. No ; not too much.
The Chairman. Why ? Because you thought
Mr. McKiNNEY. Because I didn't think they would shoot inten-
tionally to kill, and I thought they were just shooting at tires and
stuff like that, and that is why I wasn't frightened too much.
The Chairman. You didn't think that they were actually shooting
to hit you ?
Mr. McKiNNEY. Not to kill me or to hit anybody.
The Chairman. Did you learn differently ?
Mr. McKiNNEY. Yes, sir ; about 10 more miles I learned differently.
The Chairman. What happened then ?
Mr. McKiNNEY. Ten more miles, an automobile going the same di-
rection I was going pulled up alongside of my tractor, and apparently
the blast came from the back seat of the automobile and it was a shot-
gun blast ; and so, by the way the flare was, they must have fired both
barrels, because it just blinded me for a few minutes.
The Chairman. Were they shooting just at the truck or the tires
at that time ?
:Mr. IMcKiNNEY. No, sir. The shot hit me in the left arm, and the
left side of the truck.
The Chairman. And your elbow in here ?
Mr. McKiNNEY. Yes, sir.
The Chairman. Is that where it hit you ?
Mr. McKiNNEY. Yes, sir.
The Chairman. Could it have killed you ?
Mr. McKiNNEY. Yes, sir, if it had been raised or if the barrel had
been raised another inch he would probably have killed me.
The Chairman. But you having your elbow out there, it saved your
life?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7109
Mr. McKiNNEY. Yes, sir.
The Chairman. And having it that much lower saved your life ; is
that right?
Mr. McKiNNEY. Well, and having the barrel that much lower, I
would say, it saved me.
Mr. Kennedy. What happened after that? What did you do ?
Mr. McKiNNEY. Well, at that time, I kind of turned loose of the
steering wheel, and I like to run off the left-hand side of the road, and
I pulled the tractor-trailer back into the road and an automobile slowed
down in front of me.
Mr. Kennedy. The same automobile ?
Mr. McKiNNEY. Yes, sir.
Mr. Kennedy. And you thought they might shoot at you again ?
Mr. McKiNNEY. Yes, sir, I thought they were going to shoot again.
Mr. Kennedy. Did they shoot again ?
Mr. McKiNNEY. No, sir.
Mr. Kennedy. Did you keep driving your truck in, then ?
Mr. McKiNNEY. Yes, sir ; and I drove the truck to Donaldson which
was about 10 miles.
Mr, Kennedy. What happened there ?
Mr. McKiNNEY. The police in Donaldson stopped me because I was
weaving back and forth across the road and they wanted to know
what was wrong with me and I told them I had been shot. We parked
the truck and he took me to the hospital in his automobile.
Mr. Kennedy. You were taken to a hospital ?
Mr. McKiNNEY. Yes, sir.
Mr. Kennedy. What did the hospital find out? What did they
diagnose had happened ?
Mr. McKiNNEY. They found the bone had been shattered.
Mr. Kennedy. Wliat was that ?
Mr. McKiNNEY. The bone had been shattered.
Mr. Kennedy. The bone in your elbow had been shattered ?
Mr. McKiNNEY. Yes, sir, and they wanted to wait awhile until all,
and it was messed up full of shot and they wanted to wait for about a
week until it cleared up before they could operate on it, and during
that time I went to the terminal and I was operated on there.
Mr. Kennedy. Do you have any injuries or any effect from the
wound, the shotgun wound ?
Mr. McKiNNEY. Yes, sir, the shotgun tore all of the nerve system
up in my left arm, and left my two fingers numb.
Mr. Kennedy. You can still drive a truck, however.
Mr. McKiNNEY. Yes, sir.
Mr. Kennedy. Does it give you any pain at the present time?
Mr. McKiNNEY. Yes, sir, it does.
Mr. Kennedy. So you still feel it and you have lost the feeling in
two of your fingers ?
Mr. McKiNNEY. Yes, sir.
The Chairman. Have you ever joined a union yet ?
Mr. McKiNNEY. No, sir.
The Chairman. You don't like that kind of life ?
Mr. McKiNNEY. No, sir.
Senator Curtis. Was anyone ever arrested for this?
Mr. McKiNNEY. No, sir, not that I know of.
7110 IMPROPER ACTIVITIES Kv^ THE LABOR FIELD
Senator Curtis. Was an investigation made I
Mr. McKiNNEY. Yes, sir.
Senator Curtis. Was anyone ever picked up or questioned?
Mr. MgKinney. Not that I know of.
The Chairman. Had the car from which the shot came preced-
ed you up the highway % In other words, did you drive along behind
it and did you follow it ?
Mr. McKiNNEY. No, sir. In fact, the automobile which I was shot
from apparently had come up and approached me from the back
pretty fast, and in fact I didn't even know it was back there mitil it
was up alongside of me.
The Chairman. What I am talking about is you said you swerved
and nearly went off the highway to the left and you pulled the car
back on the road, and this car slowed down in front of you.
Mr. McKiNNEY. Yes, sir, and the automobile when he shot, he kept
on going up in front of me.
The Chairman. He was in front of you, but he slowed down and
you were apprehensive that he might shoot again %
Mr. McKiNNEY. Yes, sir, because I have a truck, and it has the
whole front of it
The Chairman. And he got in front of you ?
Mr. McKiNNEY. Yes, sir.
The Chairman. Did you follow him? You drove on in, and did
you observe the car and could you follow it ?
Mr. McKiNNEY. Well, no, sir, I started pulling on up toward where
he was and when I got up pretty close to him, he pulled on away fast
and he left and I never saw him again.
The Chairman, He did proceed up ahead of you ?
Mr. McKiNNEY. Yes, sir.
The Chairman. And you drove about 10 miles and a policeman
stopped you ?
Mr. McKiNNEY. Yes, sir.
The Chairman. Do you think the policeman had any information
that you had been shot ?
Mr. McKiNNEY. That I couldn't answer.
The Chairman. He observed that you were not driving properly ?
Mr. McKiNNEY. Yes, sir.
The Chairman. And something was wrong with your driving and
therefore he stopped you ?
Mr. McKiNNEY. That's right.
The Chairman. Do you know whether that policeman ever made
any inquiry to check on what car had passed ahead of you ?
Mr. McKiNNEY. No, sir, I don't know.
The Chairman. Did he ever take any interest in the case and come
back and try to talk to you about it ?
Mr. McKiNNEY. The sheriff of Lebanon came up there and asked
me if I knew what kind of an automobile it was, and who shot me,
and that, as far as I know, is all.
The Chairman. Did they ever contact you any more after that^
Mr. McKiNNEY. No, sir.
The Chairman. Did you ever hear any more about an investiga-
tion of it after that?
Mr. McKiNNEY. No, sir, I never did.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7111
The Chairman. All right, Mr. Kennedy.
Mr. Kennedy. You might just show us the place where you were
shot. Could you roll up your sleeve there ?
Mr. McKiNNEY. Yes, sir.
(The witness uncovered his arm.)
The Chairman. The photographers may make pictures of it, and
a picture of the injuries may be made exhibit No. 5.
(Photograph referred to will be marked "Exhibit No. 5'' for
reference and may be fouiul in the Hies of the select committee.)
Mr. Kennedy. Did you give up driving a truck after that?
Mr. McKiNNEY. No, sir.
Mr. Kennedy. Were you frightened then ?
Mr. McKiNNEY. No, sir ; I was more alert, though.
Mr. Kennedy. Did you start carrying a gim yourself then?
Mr. McKiNNEY. Yes, sir.
Mr. Kennedy. But you never had to use it ; is that right ?
Mr. McKiNNEY. No, sir, I never did get a chance to use it.
The Chairman. You never got a chance ?
Mr. McKiNNEY. No.
The Chairman. Is there anything further?
I notice the time. Counsel advises the Chair that it is time we
could properly recess, and so we will stand in recess until 10 o'clock
in the morning.
(Thereupon, at 4:40 p. m., the select committee recessed, to re-
convene at 10 a. m., Friday, December 6, 1957.)
(Members of the select committe present: Senators McClellan and
Curtis.)
pt. 18 —
INVESTIGATION OF IMPROPER ACTIVITIES IN THE
LABOR OR MANAGEMENT FIELD
FRIDAY, DECEMBER 6, 1957
United States Senate,
Select Committee on Improper Activities
IN THE Labor or Management Field,
Washington^ D. G.
The select committee reconvened at 10 a. m., pursuant to Senate
Resolution 74, agreed to January 30, 1957, in the caucus room. Senate
Office Building, Senator John L. McClellan (chairman of the select
committee) presiding.
Present : Senator John L. McClellan, Democrat, Arkansas ; Senator
Carl T. Curtis, Republican, Nebraska.
Also present : Robert F. Kennedy, chief counsel ; LaVern J. Duffy,
investigator; James P. McShane, investigator; Ruth Y. Watt, chief
clerk.
The Chairman. The committee will be in order.
(Members of the committee present at the convening of the session :
Senators McClellan and Curtis. )
The Chairman. Call the first witness.
Mr. Kennedy. Mr. John Reynolds.
The Chairman. Do you solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. Reynolds. I do.
TESTIMONY OE JOHN T. REYNOLDS
The Chairman. State your name, your place of residence, and your
business or occupation.
Mr. Reynolds. John T. Reynolds, investigator with the Tennessee
Bureau of Criminal IdentificatiQu ; I live at 2808 East Fifth Avenue,
Knoxville, Tenn.
The Chairman. How long have you held that position, Mr.
Reynolds ?
Mr. Reynolds. I have been with the bureau since April 1953.
The Chairman. Do you waive counsel ?
Mr. Reynolds. Yes, sir.
The Chairman. Thank you.
Mr. Kennedy. What investigative experience had you had prior to
that time ?
Mr. Reynolds. I investigated arson for the State fire marshal's
office of Tennessee for 14 years.
Mr. Kennedy. You were an agent for the Tennessee Bureau of
Criminal Investigation in 1955 ?
7113
7114 IMPROPER ACTIVITIEiS IN THE lABOR FIELD
Mr. Reynolds. Yes, sir.
Mr. Kennedy. And specifically in June of 1955 ?
Mr. Reynolds. Yes, sir.
Mr. Kennedy. Were you instructed to investigate 2 shootings that
took place on June 12, 1955 ?
Mr. Reynolds. I was.
Mr. Kennedy. And they were shootings that occurred in connection
with the B. & S. Trucking Co. ; is that right %
Mr. Reynolds. That is correct.
Mr. Kennedy. Now, Mr. Chairman, we had a witness who testified
yesterday regarding the acts of violence against his company, the
B. & S. Trucking Co. ; and we are going today, this morning, with this
first witness into 2 of the shootings that took place on the night of
June 12, 1 believe, 1955.
Mr. Reynolds. That is correct.
Mr. Kennedy. Could you tell us what the facts were and then what
you found in your investigation ?
Mr. Reynolds. I first learned of this through a call to my office and
they instructed me to meet Mr. Paul Andrews in Knoxville, who
would go over some of the facts of the case. I did this, and on Tues-
day morning I started an investigation. That was the 14th.
Mr. Kennedy. That was on June 14 ?
Mr. Reynolds. Tliat is right.
Mr. Kennedy. Now, the shootings, as I understand it, one had
taken place at 11 : 15 on the night of June 12, approximately, and one
at 11: 45; is that right?
Mr. Reynolds. That is correct, so far as the drivers told me.
Mr. Kennedy. Where had those shootings taken place ?
Mr. Reynolds. One of them was just inside of Knox County, be-
fore you got to the Sevier County line, on the Ashville Highway, out
of Knoxville, between Knoxville and Dandridge. The other one was
just about probably 21/2 or 3 miles further, in Sevier County.
Mr. Kennedy. They were not on tlie same highway ?
Mr. Reynolds. On the same highway.
Mr. Kennedy. Highway 70 ?
Mr. Reynolds. Highway 70 ; yes.
Mr. Kennedy. Did Mr. Andrews give you information that he
thought the one responsible for the shooting had registered at a hotel
under an alias?
Mr. Reynolds. He gave me information that William Smith had
registered in the hotel.
The Chairman. ^Yliat is that ?
Mr. Reynolds. William x\rthur Smith, who was business agent for
the teamsters, local 327, in Nashville, I believe.
Mr. Kennedy. He had registered at the Hotel Farragut; is that
right?
Mr. Reynolds. That is right.
Mr. Kennedy. So did you check that ?
Mr. Reynolds. Yes, sir; I first contacted the clerk who was on duty
at the time he checked in. He came there about 6 : 45 on Sunday
morning and drove into the garage, according to the attendant tliere,
and he called the clerk and asked if he could get a room. He told him
he could and he left without giving him a name ; so he asked him his
IMPROPER ACTIVITIES EST THE LABOR FIELD 7115
name. He gave his name as Tommy Jackson. Then the attendant
in the garage, he also takes the license number down, which he did,
and he put down Tommy Jackson on the ticket.
Mr. IvENNEDY. Did he give his address at that time ?
Mr. Reynolds. He did not.
Mr. IvENNEDY. He did not give his address ?
Mr. Reynolds. No. Then he went up to the desk and the clerk
said that he set a pint of liquor on the desk and registered as Tommy
Jackson, and put no address whatsoever. It was a lady and she told
him slie wanted an address on the registration, and he just put down
Nashville, Tenn. ; that is all he put.
The Chairman. Did you secure the registration card from the
hotel?
Mr. Reynolds. I did not myself, but I saw the registration card.
The Chairman. Would you recognize it if you saw it?
Mr. Reynolds. I am not sure, but it seemed like Mr. Andrews has
got the card.
The Chairman. All right.
Mr. Reynolds. So I talked also to the garage man that night, that
was on duty Sunday night, when this same man. Tommy Jackson,
came down to get his car. By reason of no address, they put a c. o. d.
before they would let him take the car out. So he had to call up the
clerk and get that straightened out, and the garage man said he left
in a hurry. This was ahout between 10 : 30 and 10 : 40 Sunday night.
The Chairman. Sunday night ?
Mr. Reynolds. Yes, sir, and the reason the attendant said he was
certain of that time, was because the night clerk came on duty at 10 : 30,
and he had just come on.
Mr. Kennedy. Sunday was June 12, was it not?
Mr. Reynolds. June 12, that is right.
The driver of the first truck told me that that occurred at 11 : 15
and this car had passed them and then turned around and passed them
going in the same direction, as I understand it, and they turned around
and he felt pretty sure it was the same car. Of course, he could not
see too well with the bright lights shining on him in the face, and he
stated that the car had the bright lights on and therefore he could
not see it too good. They shot into the truck, and he did not know
the truck had "been hit until he had gotten over in North Carolina,
wherever he was headed, and he stopped and he found that one of his
tires was just worn to threads. One bullet had gone through the inside
right rear of tlie tractor. This tire had a bullet inside of it, which
was worn slick with no markings on it whatsoever.
Then the other truck was shot into in the same way, by a car shining
its bright lights on him and that shot hit the hood of the car, rico-
cheted through the windshield right in front of the driver, and hit the
steering wheel and dropped to the floor. I have that bullet which has
fairly good markings on it. But we have never been able to locate
the gun.
Mr. Kennedy. Were either one of these drivers able to identify the
car at all ?
Mr. Reynolds. No more than to say it looked like it was similar,
Mr. Kennedy. Similar to what ?
Mr. Reynolds. Well, the car I am speaking of is the car that Smith
used which was a Buick, 1955 red and white Buick.
7116 IMPROPER ACTIVITIES I]^f THE LABOR FIELD
The Chairman. Red and white ?
Mr. Reynolds. I believe that was the color.
Mr. Kennedy. So the driver who was shot at was able to identify
what he thought was a Buick and the colors were red and white, and
when you checked Mr. Tommy Jackson's car at this hotel, who in
reality was Mr. W. A. Smith, he also had a Buick which was red and
white ; isn't that right ?
Mr. Reynolds. That is right. Now, the driver at the time did not
say it was red and white, and he said it was a light colored car, and
the car of the first truck that was shot at, where this car passed him, he
said it was similar to the car that had passed him and it must have
turned around and come back.
Mr. Kennedy. Did you ask him what color it was ?
Mr. Reynolds. Yes, but he was not definite in it, and he just said
a light car.
Mr. Kennedy. Did either one of them mention that the color of the
car was red and white ; one of them at least said they thought it was a
1954 or 1955 Buick ; did they not?
Mr. Reynolds. That is right.
Mr. Kennedy. And this car that you found registered in the name
of Tommy Jackson was a Buick ; was it not ?
Mr. Reynolds. That is right.
Mr. Kennedy. And didn't one of them give the color of the car ?
Mr. Reynolds. I will have to look at the data I have. I have state-
ments.
One of them said it was sort of yellow — that was Robertson — Cope-
land said it was a light-colored car. That is all I have got in their
two statements, Mr. Kennedy.
Mr. Kennedy. All right. One of the drivers said the shooting
occurred around 11 : 15, and the other around 11 : 45 ?
Mr. Reynolds. That is right.
Mr. Kennedy. Did you check any further to find out what the
activities of "Mr. Tommy Jackson" or Mr. Smith were ?
Mr. Reynolds. Of course, I had already found, after I had found
out who he was, and I did that definitely by checking his baggage which
the police had under lock there at the hotel.
Mr. Kennedy. By checking his luggage, you found out that "Mr.
Tommy Jackson" was in fact W. A. Smith ?
Mr. Reynolds. That is correct.
Mr. Kennedy. The business agent from local 327 in Nashville; is
that right?
Mr. Reynolds. That is right.
Now, the automobile was not registered in his name, and it was
registered in the name of Bobby Marstan of Nashville. I checked
that through the highway patrol and at the same time I had an agent
out of Nashville office try and contact him, but I later contacted him
myself.
Mr. Kennedy. He is the teamster official in Nashville ?
Mr, Reynolds. Yes ; he has some connection with the union.
Mr. Kennedy. He is a member of the teamsters union ?
Mr. Reynolds. Yes. He told me at the time that he had loaned the
car to William Arthur Smith, and that he had not brought it back
yet. So he told what it was, Buick, 1955 Buick, red and white, which
DVLPBOPER ACTIVITIES IN THE LABOR FIELD 7117
tallied with the one Smith was driving in Knoxville. Now, then, at
11:45, after the last shot was fired, that distance from Maryville,
Tenn., in my opinion, is approximately 45 minutes to an hour ride.
At 12 : 45 at Maryville Hospital they admitted William Arthur Smith
as a patient, and he had a shot through his left arm that went in up
here and came out on the inside here.
Mr. Kennedy. This is the same man ?
Mr. Reynolds. That is the same man who left the hotel at 10 : 30 to
10 : 40 approximately.
Mr. Kennedy. And he came to the hospital at 12 : 45 ?
Mr. Reynolds. That is right; that was an hour exactly after the
time that the drivers gave me for the last shooting.
Mr. Kennedy. And from the spot of the last shooting to the hospital
was approximately an hour's drive ; is that right ?
Mr. Reynolds. Approximately.
Mr. Kennedy. And he had a shot in his arm ?
Mr. Reynolds. That is right. It had gone all of the way through
and there wasn't any shot in it.
jNIr. Kennedy. Did you inquire at the hospital about it ?
Mr. Reynolds. Yes, sir; and I talked to the doctor who attended
him and admitted him.
Mr. Kennedy. What did they tell you ?
Mr. Reynolds. They stated that William Arthur Smith, of Nash-
ville, Tenn., was registered in Maryville Hospital at 12 : 45 a. m.,
June 13.
Mr. Kennedy. Did they tell you that he refused to give any informa-
tion regarding how the wound occurred ?
Mr. Reynolds. Yes, sir. He wouldn't give them any information,
and refused to give any history of former accidents or sickness, which
he had had, which was customary in the hospital.
Mr. Kennedy. He refused to give them any information at all and
he would not tell them specifically as to how this gunshot wound had
occurred in his arm ?
Mr. Reynolds. No; other than to say that a friend of his did it
accidentally. That, by the way, is what he told me, and he said there
wasn't any law against being shot and he wasn't going to tell anything,
that a friend of his did it and he didn't want to implicate him in
anything.
Mr. Kennedy. He would not tell you anything further ?
Mr. Reynolds. He wouldn't even talk about it.
Mr. Kennedy. He would not talk to you other than to say a friend
did it and it was not a crime to be shot by a friend; is that right?
Mr. Reynolds. That is all. Here is what I put down as his state-
ment:
William Arthur Smith stated the gunshot wound was accidental and it was
not in violation of law to get shot. It was done by a close friend, and he did
not want to implicate him or any of his friends and he refused to answer any
other questions.
]Mr. Kennedy. "VYliat was your tlieory as to what liad occurred, as
of this time ?
Mr. Reynolds. Well, naturally my theory was that he left the
hotel just in time to go out and be present at the time that this shooting
occurred.
7118 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Kennedy. It was perfectly obvious he was on that highway,
because he went in that area, and he went to that hospital.
Mr. Reynolds. Well, that was going in the opposite direction from
Knox vi lie.
Mr. Kennedy. You can always turn around.
Mr. Reynolds. Yes, sir; but it wasn't too far from the hospital.
Mr. Kennedy. It was not too far from the scene of the shooting;
was it ?
Mr. Reynolds. No, sir; it was, as I said it was, approximately an
hour or less drive from where the shooting occurred.
Senator Curtis. Now, when was Smith interviewed ?
Mr. Reynolds. He was interviewed on the 15th.
Senator Curtis. On the 15th ?
Mr. Reynolds. Yes, sir.
Senator Curtis. Whereabouts ?
Mr. Reynolds. In the hospital.
Senator Curtis. By whom ?
Mr. Reynolds. By me.
Senator Curtis. Who else was present?
Mr. Reynolds. I don't believe anyone went with me up there.
Senator Curtis. Was that the only time he was interviewed?
Mr. Reynolds. Yes, sir.
Senator Curtis. And he was a patient in the hospital at the time?
Mr. Reynolds. Yes, sir. He was up walking around.
Senator Curtis. Did any other officer from any other branch of
law enforcement interview him at any other time?
Mr. Reynolds. I couldn't answer that from my own knowledge.
I understand that some of tlie Knoxville officers or one of them did,
probably.
Senator Curtis. So far as you know, the only interview was in
the hospital ?
Mr. Reynolds. Yes, sir.
Senator Curtis. How long did that last ?
Mr. Reynolds. A very short time.
Senator Curtis. He was never picked up and detained and in-
formed that he was being investigated for the shooting of this man ?
Mr. Reynolds. On approaching him at the hospital, I told him
my business, who I was and what I was doing in regard to the
investigation.
Senator Curtis. But he w^as never picked up and detained and
told, "we are investigating," other than what you said at the liospital ?
Mr. Reynolds. That is right.
Senator Cltrtis. Did he fully account for all of his time, his acts
and his whereabouts during the hours when this shooting occurred ?
]Mr. Reynolds. He refused to talk.
Senator Curtis. Was he fingerprinted ?
Mv. Reynolds. Not at that time. He had been fingerprinted a
number of times. The police department had liis prints, his pictures,
and wliat not.
The Chairman. You mean he was a criminal ?
Mr. Reynolds. Well, that does not necessarily mean that.
The Chairman. He had a criminal record. He had been finger-
printed when accused of crime. He has a record in Tennessee, I
know.
IMPROPER ACTIVITIES EST THE LABOR FIELD 7119
Senator Curtis. I am too far removed from the scene. I would
not want to point a finger of criticism at you or any other individual,
but I wonder what it is coming to in this country when individuals
are shot at on the highway, officers get a lead, the man is talked to
briefly in the hospital, he refuses. Such an individual ought to be
in diie time picked up, taken to jail, detained, thoroughly investi-
gated, fingerprinted, his alibi checked and determined what it is all
about. I do not think there is anything different than investigating
any other kind of work. It just consists of dogged, determined
work. Particularly this ought to have been done by somebody when
the facts that were so self-evident were available, and also when the
man refused to talk.
That is all.
The Chairman. "Well, let me see if I understand this. You had a
shooting out on the highway. A truckdriver had been shot. You
knew that ?
Mr. Eeyxolds. Yes, sir.
The Chairmax. Two different truckdrivers had been shot ?
Mr. Eeyxolds. Two different truckdrivers had been shot at.
The Chairman. One of them occurred at 11 : 15 at night and the
other at 11 : 4.5, about 30 minutes apart, on the same highway, 2 drivers ;
is that correct ?
]Mr. Reynolds. Yes, sir.
The Chairman. "When you started making an investigation you
found a man in the hospital by the name of Smith ?
Mr. Reynolds. Yes, sir.
The Chairman. Is that correct ?
Mr. Reynolds. That is right, sir.
The Chairman, Who had a wound in his arm ; is that right ?
Mr. Reynolds. That is correct.
The Chairman, Was it just one shot ?
Mr. Reynolds. Just one.
The Chairman. Just one shot ?
Mr. Reynolds. Yes.
The Chairman. What size was it ; do you know ?
Mr. Reynolds. No, sir. The bullet was not there, of course.
The Chairman. Well, just one shot in his arm ?
Mr. Reynolds. That is right.
The Chairman. You undertook to interrogate him ?
Mr. Reynolds. Yes.
The Chairman. Before you undertook to interrogate him, you knew
he had been registered in the hotel under an assumed name ?
]\Ir. Reynolds. That is right.
The Chairman. You also knew that he took his car out just about
in time, within time where he could have been on the highway at that
point at the time of the shooting ; is that correct ?
IVIr. Reynolds. That is correct, sir.
Tlie Chairman. You have that much information. Then you find
him in the hospital where he could have driven to within the time he
registered and the time of the shooting ; is that correct ?
Mr. Reynolds. That is correct, sir.
The Chairman. When you got in there to interrogate him he was
uncooperative ; is that true ?
Mr. Reynolds. Yes, sir.
7120 IMPROPER ACTIVrTIES EST THE LABOR FIELD
The Chairman, Then you had a bullet that you had gotten out of
one of these trucks where the shooting had occurred ; is that correct ?
Mr, Reynolds. That is correct, sir.
The Chairman. And that bullet had pretty good markings on it;
am I correct ?
Mr. Reynolds. Yes, sir.
The Chairman. And this man would give you no explanation of
his whereabouts notwithstanding he had been registered under an as-
sumed name, notwithstanding he had taken his car out of the garage
at a time that could easily have placed him at the scene of the shoot-
ing and notwithstanding he had registered at the hotel at a time
which would indicate he had driven from the scene of the shooting
to the hospital right after the shooting to have his own wound treated.
Notwithstanding that, did you ever pursue or make any effort to
find the gun in his possession ?
Mr. Reynolds. The gun was not in his possession.
The Chairman. How do you know ?
Mr. Reynolds. Well, he walked in the hospital
The Chairman. He may have walked in the hospital. Still the
gun may have been in his car or somewhere else.
Mr. Reynolds. That is true. The gun may have been in the car.
Wlioever his accomplice was took the car and gun and everything,
so far as I Imew.
The Chairman. Wlio were his accomplices you speak of?
Mr, Reynolds. I don't know.
The Chairman. "Wlio was with him ?
Mr. Reynolds. I don't know.
The Chairman. He refused to tell you ?
Mr. Reynolds, He refused to talk at all.
The Chairman. Did you get a search warrant and search his
possessions and his property to try to find the gun at that time?
Mr. Reynolds. No, sir, I did not. I really did not have enough to
get a search warrant.
The Chairman. You are looking for a gun. Here is a man that
would not tell you anything about the circumstances and all the
other circumstances point to the fact that he was the possible one
who committed the crime. In other words, you had more information
against him than you did against anyone else. Did you not ?
Mr. Reynolds. Yes, sir.
The Chairman. And it was fresh information, it was so directly
in point of time, location, associated with the crime that that natu-
rally aroused your suspicion with respect to his conduct, did it not?
Mr. Reynolds. Yes, sir.
The Chairman. Did you ever try to get a search warrant and pur-
sue the search of his car and his home or his premises or anything
else to locate the gun ?
Mr. Reynolds. We did not locate that car for some time. As I
said, it belonged to someone who had loaned it to him, so at the time
that that car was delivered
The Chairman. What did you do to locate the car ?
Mr. Reynolds. I put out a pickup on that particular car over
the whole State, the highway patrol, the police officers in Nashville.
The Chairman. Who located the car finally ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7121
Mr. Reynolds. It finally showed up at the owner's house.
The Chairman. Didn't the company, itself, the truck company,
itself, locate the car ?
Mr. Reynolds. Mr. Andrews located it.
The Chairman. That is right. They located the car when you
folks were out searching for it. Is that right ?
Mr. Reynolds. Well, he located the car. He was in Nashville. I
live in Knoxville. That is my section up there.
The Chairman. I understand, but it took the company representa-
tive to find the car. Now, do you know whether he found shotgun
shells in it or not when he found it ?
Mr. Reynolds. No, sir. There were shotgun shells in the suitcase
up in his room.
The Chairman. You even had that further evidence. You had
shotgun shells that you found in Smith's luggage in his room, is
that correct ?
Mr. Reynolds. That is right.
The Chairman. Now, then, why do you say you did not pursue it
and get a search warrant'^
Mr. Reynolds. I just did not think it was effective. It is mighty
hard to get a search warrant on an investigation that way. I don't
believe I could have gotten one. The fact is the gun was still in the
automobile and was taken and done away with by an accomplice,
whoever it might be. You know, at least I know as an investigator
that there is no man as wise as this Smith is supposed to be, who is
going to take that gun home.
The Chairman. I am not so sure about that. Criminals are often
caught because they are not wise; they just think they are.
Mr. Reynolds. Especially so because he was in the hospital and the
gun was left undoubtedly with the other fellow.
The Chairman. I understand. Now, you have been asked this ques-
tion before why you did not get a search warrant.
Mr. Reynolds. Yes, sir.
The Chairman. You were asked by members of this staff, is that
correct ?
jNIr. Reynolds. Yes, sir.
The Chairman. A recording is made of what you said, is that true,
with your knowledge ?
Mr. Reynolds. That is right.
The Chairman. Did you not answer when first asked about it and
I quote exactly :
"Well, I don't really know what to say as to why. Well, we more or less keep
out of union trouble as much as possible, and I would say it was done, it may
have been for political reasons. All we do is take orders.
Did you make that statement?
Mr. Reynolds. I made one similar to that.
The Chairman. Do you want to say similar or this statement now?
You know we have a recording of it.
Mr. Reynolds. That is right.
The Chairman. That is the statement you made when you were first
asked, is that true ?
Mr. Reynolds. Yes, sir.
7122 IMPROPER ACTTVITIES EST THE LABOR FIELD
The Chairman. This is a question Mr. Duffy asked you :
And the reason you think it was not discussed, the issuance of the search war-
rant, was because it was a labor dispute? In other situations similar to this you
would have had a search warrant?
And did you not answer and say, "More than likely we would have
for an individual not connected with labor troubles." Isn't that the
answer you gave ?
Mr. Reynolds. Well
The Chairman. Yes or no.
Mr. Reynolds. I guess it is, yes, sir.
The Chairman. All right. You were stating the facts then as you
actually knew them and believed them to be, were you not ?
Mr. Reynolds. I think I was trying to cover up the fact that I
didn't get a search warrant.
The Chairman. I think you were trying to cover up ; yes, no doubt
about that.
Senator Curtis. I want to ask something now. How is the division
of authority in the State of Tennessee in reference to apprehension
and arrest of criminals? You have a local police force within the
city. Isn't that correct ?
Mr. Reynolds. Yes, sir.
Senator Curtis. Then every county has a sheriff ?
Mr. Reynolds. Yes, sir.
Senator Curtis. Then you have the highway patrol ?
Mr. Reynolds. Yes, sir.
^ Senator Curtis. And you have the Tennessee Bureau of Investiga-
tion, is that correct ?
Mr. Reynolds. That is correct, sir.
Senator Curtis. Now, this shooting did not occur in the city, did it?
Mr. Reynolds. No, it was out in the county.
Senator Curtis. What jurisdiction generally does the highway
patrol have ? Are they confined pretty much to matters of traffic ?
Mr. Reynolds. Mostly matters of traffic, yes, sir.
Senator Cit^tis. What is their practice when you do have a crime
committed on the highway involving motorists ?
Mr. Reynolds. I would say they usually report it to the sheriff.
Senator Curtis. Is it their practice to leave their patrolling duties
and follow the investigation for days and weeks wherever it requires
them to go ?
Mr. Reynolds. No, sir, they are not supposed to leave their patrol-
ling duties and follow an investigation.
Senator Curtis. So it this situation it would narrow down to the
responsibility between the sheriff's office and the Tennessee Bureau of
Investigation, isn't that correct ?
Mr. Reynolds. Yes, sir. The sheriff's office. I might say this.
The Tennessee Bureau of Investigation only works at the request of
the district attorney general.
Senator Curtis. The district attorney general ?
Mr. Reynolds. We take all our assignments from the district at-
torney general.
Senator Curtis. Who is he?
Mr. Reynolds. There is one in each judicial circuit.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7123
Senator Curtis. What is his name ? Who was he in that district at
thetinieof thesliooting? n r^ i
Mr. Reynolds. General Clements m Knox County, and General
Wilkenbarger in Sevier County.
Senator Curtis. I am talking about this shooting we have been
discussing all morning. .
Mr. Reynolds. They are the two. One shooting was m Knoxville
and one was in Sevier. . • , i
Senator Curtis. Did you ever have any conversation with them
about oli'enses arising out of labor difficulties being handled differently
than any other offenses ?
Mr. Reynolds. No, sir. I have never had any conversation with
anybody in regard to that.
Senator Curtis. That was just your own idea ?
Mr. Reynolds. I don't know why, to tell you the truth, why I said
it, to tell you the truth.
Senator Curtis. Did the sheriff's office investigate these shootings ?
Mr. Reynolds. I don't believe they did. I don't know if they did.
Senator Curtis. Now, this shooting that blew off his elbow was
a felony ; was it not ?
Mr. Reynolds. Not if it is done like he said it was done. He said
he was accidentally shot by a friend.
Senator Curtis. Who said that ?
JMr. Reynolds. Smith said it.
Senator Curtis. I see. I mean if the complaining witness is to
be believed, if he is driving along the highway minding his business
and was shot in the manner he testified here yesterday — I withdraw
the question about its being a felony.
Air. Kennedy. I am finislied.
The Chairman. Senator Curtis is confused about the shooting.
These 2 shootings we are talking about at 11 : 45 and 11 : 15, the people
in the car were not hit.
Mr. Reynolds. No, sir.
The Chairman. But the cars were hit.
Mr. Reynolds. Yes, sir.
The Chairman. And even bullets richocheted off the hood of the
car, went through tlie windshield and dropped in the car, and you
got that bullet.
Mr. Reynolds. Yes, sir.
The Chairman. So that could not be anything else but assault with
an intent to kill.
Mr. Reynolds. That is what I would think it would be; yes, sir.
The Chairman. Unless the shot was accidental; if the shot was
intentional, certainly it would be assault with intent to kill.
Mr. Reynolds. I would say that is intentional.
The Chairman. That is a felony ; is it not ?
Mr. Reynolds. Yes, sir.
The Chairman. What I do not understand about this is that law-
enforcement officers won't pursue those things other than the reason
that you just take orders and do not ordinarily pursue it where labor
is involved. Who gave you those orders not to pursue it ? You are
a law-enforcement officer.
7124 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Reynolds. I never have been given any order not to pursue it.
The Chairman. What do you refer to here. What are you talking
about. You just take orders?
Mr. Eetnolds. I don't know.
The Chairman. You said, "I don't really know why. We more or
less keep out of union trouble as much as possible. I would say it
was done, it may have been for political reasons. All we do is take
orders." Who gave you orders not to pursue it ?
Mr. Reynolds. No one did.
The Chairman. So you take the whole responsibility, do you, for
not pursuing this thing and going after it and trying to find out
what actually occurred ?
Mr. Reynolds. I found out as far as I could other than that search
warrant.
The Chairman. Did you ever have him before the grand jury ?
Mr. Reynolds. No, sir.
The Chairman. You ever had him subpenaed before the grand
jury?
Mr. Reynolds. These reports — when I make a report, Senator, one
copy of that is turned over to the attorney general and it is up to him
as to whether there will be a prosecution.
The Chairman. I understand. Did you ever interview anybody
else besides Smith about this matter ?
Mr. Reynolds. Nobody else than the hotel people, the drivers.
The Chairman. In other words, you did not pursue it any further.
Mr. Reynolds. No, sir.
The Chairman. Did you ever go to the union and try to get any
information there as to what they may have known about it ?
Mr. Reynolds. No, sir.
The Chairman. Why?
Mr. Reynolds. I just didn't. I didn't think it was any use going
there.
The Chairman. You knew it grew out of a labor controversy.
Mr. Reynolds. I was sure of that.
The Chairman. Yet you did not go and check with the union anu
try to find out what they might know about it, is that correct ?
Mr. Reynolds. That is correct, sir.
The Chairman. Why ? Because it was organized labor ?
Mr. Reynolds. No, sir.
The Chairman. If then it occurred to a businessman and some busi-
ness representative, some individual, as you referred to in your state-
ment, you would have done that, would you not ?
Mr. Reynolds. I figured I could not get any information out of the
union. I have never been able to.
The Chairman. And the first thing you figured you did not want
to go talk to them, is that correct ?
Mr. Reynolds. I have talked to them about other things.
The Chairman. About thing that are more pleasant ?
Mr. Reynolds. No ; I have talked to them about cases but I have
never been able to get any information that would be of any value.
The Chairman. Because you failed one time, there is no reason why
you sliould neglect your duty and fail to pursue what is obviously
your duty the second time, is it ?
IMPROPER ACTIVITIES IN THE LABOR FIEPLD 7125
Mr. Reynolds, No, I didn't think I was
The Chairman. Do you not think it was your duty to go into this
thing and try to find out who actually did it ?
Mr. Reynolds. I think so ; yes, sir.
The Chairman. I do, too.
Mr. Kennedy. That is all, Mr. Reynolds.
The Chairman. All right, stand aside.
Call the next witness.
Mr. Kennedy. Mrs. Lola Freels.
The Chairman. Will you be sworn, please.
You do solemnly swear the evidence you shall give before this Sen-
ate select committee shall be the truth, the whole truth, and nothing
but the truth, so help you God 'I
Mrs. Freels. I do.
TESTIMONY OF MRS. LOLA FREELS
The Chairman. Be seated, please. State your name.
Mrs. Freels. My name is Lola Freels. My address is 4521 Tillery
Road. My occupation, with the teamsters, bookkeeper and secretary.
The Chairman. You still have that position ?
Mrs. Freels. No, sir ; I was terminated.
The Chairman. You were terminated ?
Mrs. Freels. Yes, sir.
The Chairman. All right. You just relax. All we want is to get
you to give us any information you may have. You waive counsel, do
you?
Mrs. Freels. I beg your pardon ?
The Chairman. Under the rules of the committee, if you desired
you might have an attorney present to counsel you while you testify
witli respect to your legal rights. Do you waive counsel ?
Mrs. Freels. Yes.
The Chairman. You do not feel you need a lawyer to tell you what
you know ; is that right ?
Mrs. Fkeels. I don't think so.
The Chairman. All right. If you find at any time you think you
do, you so advise the chairman. I do not think you will.
All right, Mr. Kennedy, you may proceed.
Mr. Kennedy. You were with the Teamsters' Local 821 in Knox-
ville, Tenn. ?
Mrs. Freels. That is right.
INIr. Kennedy. You were with them from November 1955 to 1956 ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. The president of that local was W. J. Reynolds ?
Mrs. Freels. That is right.
Mr. Kennedy. The secretary-treasurer was H. L. Payne; is that
right ?
Mrs. Freels. That is right.
Mr. Kennedy. I want to ask you about testimony that we have had
that preceded you in connection with the shooting that occurred in
June of 1955. Now, you were in the office; you worked in the team-
sters' office at Knoxviile during that period of time, June 1955 ?
Mrs. Freels. Yes, sir.
7126 IMPROPER ACTIVITIES D^ THE LABOR FIELD
Mr. Kennedy. Did you know a miin by the name of W. A. Smith ?
Mrs. Freels. Yes, sir ; I knew him as "Hard of Hearing" Smith.
Mr. Kennedy, "Hard of Hearing" Smith ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. Do you know where he was from ?
Mrs. Freels. He was from local 327, Nashville, Tenn.
Mr. Kennedy. Did you understand that he was a business agent
of local 327 in Nashville ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. Now, did you hear any conversation or was it ever
mentioned to you in the office of the teamsters in Knoxville regard-
ing the shooting that occurred in June of 1955 ?
Mrs. Freels. Yes, sir, I heard W. J. Reynolds, the business agent,
and Hubert L. Payne, the secretary-treasurer of local 621, discussing
the shooting that occurred with the B. &. S. Motor Lines.
Mr. Kennedy. What did Mr. Reynolds say regarding the problem
or the trouble he had had in connection with that company ?
Mrs. Freels. He said that he was, he was telling me about the
bullet ricochetting through the windshield and he said that it was a
good thing that it hit the steering wheel, because it would have hit
the clriverand killed him. And I know that Hard of Hearing Smith
was in town that day because he called into the office, and I took the
call from the Farragut Hotel.
Mr. Kennedy. From the Farragut Hotel ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. And he called your office ; is that right ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. He had a conversation with whom ?
Mrs. Freels. He talked to Mr. Reynolds.
Mr. Kennedy. Did you learn subsequently that they had been to-
gether that evening, the evening of June 12 ?
Mrs. Freels. Yes, sir. Mr. Reynolds was telling about being with
Smithy at that time and he asked me to send some flowers to the hos-
pital, which I did. He also stated that the flowers should be sent to
W. A. Smith, Maryville Hospital, and that the only thing on the card
should be "From a Friend" so that no one knew that local 621 would
be connected with that shooting.
The Chairman. With what ?
Mrs. Freels. With the shooting.
The Chairman. So that no one would know that local 327 was con-
nected with that shooting ?
Mrs. Freels. No, sir, local 621.
The Chairman. 621. So that no one would know that local 621
was connected with the shooting ?
Mrs. Freels. Yes, sir, and I would like to state during this time, we
had a gun to leave the safe.
The Chairman. Had what ?
Mrs. Freels. Had a gun to leave the safe. It was kept in the safe.
I don't know if this would be the right gun or not, but they kept a
Magnum.
The Chairman. Kept what?
Mrs. Freels. A Magnum. That is what they told me tliat it was.
I don't know one gun from the other. But tliis Magnum left the
safe during that time and it was not returned.
IJVIPROPER ACTIVITIES IN THE LABOR FIELD 7127
The Chairman. You mean there was a gun that they had kept in
the safe ?
Mrs. Freels. Yes, sir.
The Chairman. Mr. Keynolds had kept it there ?
Mrs. Freels. I don't know who it belonged to, but sometimes it
would leave by both agents. Maybe one agent would come in and
get it, take it out for a while and then maybe another agent would
come in and get it.
The Chairman. During the time it was out, would there be reports
of these shootings on the liighway ^
Mrs. Freels. Well, now, I didn't know too much about the shoot-
ings. All I knew was just the discussion.
The Chairman. On this occasion that Mr. Smith was there and on
the occasion that you were instructed to send him flowers a day or two
afterward, on that occasion when he was in town and when he and Mr.
Eeynolds were together and when you heard these conversations, the
gun was out of the safe ?
Mrs. Freels. Yes, sir.
The Chairman. It was gone ; it was never returned after that ?
Mrs. Freels. No ; it never came back.
The Chairman. Did Mr. John T. Reynolds, the crime investigator
for the State of Tennessee, ever contact you and try to get the infor-
niation you had about this matter ?
Mrs. Freels. No, sir.
The Chairman. Did anyone else ever contact you, any other officer,
law-enforcement officers, and try to find out what you knew about it?
Mrs. Freels. No, sir. Mr. Keynolds made the statement that they
talked to the officers and got them to go along with it, I am sorry to say.
The Chairman. Oh, Mr. Reynolds of the labor union, the local,
you heard him say that he had talked to the officers ?
Mrs. Freels. Yes, sir.
The Chairman. And had gotten them to go along with it ?
Mrs. Freels. Yes, sir.
The Chairman. What did you understand he meant by that ?
Mrs. Freels. Well, he told this one incident that happened. He
said they placed a guard on Hard of Hearing Smitty's door while he
was in the Maryville Hospital, and before that he took him to the
hospital, and he talked with some law enforcement and asked him to
keep it quiet. Tiien this guard was placed on the door and the day
that they got Hard of Hearing Smitty out of the hospital, they asked
this guard to turn his back until they could get him out.
The Chairman. That was a law-enforcement guard ?
Mrs. Freels. Yes, sir.
The Chairman. They were protecting him ?
Mrs. Freels. Yes, sir.
The Chairman. Do you know who served as that guard ?
Mrs. Freels. No, sir ; I don't.
The Chairman. Do you know what branch of the law-enforcement
agencies he represented ?
Mrs. Freels. No, sir. That was the only thing I heard.
The Chairman. That they had placed a guard there to keep anyone
from bothering him ?
Mrs. Freels. Yes, sir.
89330 — 58— pt. 18 6
7128 IMPROPEIR ACTIVITJEIS ZNT THE LABOR FIELD
The Chairman. That is to keep anyone from interrogating him, I
guess.
Mrs. Freels. That is right.
The Chairman. When they went to get him, they had the guard
turn away as if he did not see him ?
Mrs. Freels. That is right.
The Chairman. That is the information you got ?
Mrs. Freels. Yes, sir.
The Chairman. Whom did you get that from ?
Mrs. Freels. That was told by Mr. Reynolds. He was discussing
that with Mr. Payne pro and con.
The Chairman. They were discussing it pro and con ?
Mrs. Freels, Yes, sir.
The Chairman. They had that fixed with law-enforcement offi-
cers so nothing would be done about it ?
Mrs. Freels. Yes, sir.
Mr. Ivennedy. Did he tell you, Mr. Reynolds or Mr. Payne, or
Mr. Reynolds specifically, anything about the actual shooting, as to
where he had been that night or anything about the B. & S. Truck-
ing Co?
Mrs. Freels. He did tell me that it was a B. & S. Freight Lines.
It seems to me like there is a junction, that they came to a certain
junction, but they did not come on into Knoxville and they had to
meet the truck there.
Mr. Kennedy. Did he describe the event or say anything about
having trouble with the B. & S. Freight Lines ?
Mrs. Freels. No, sir.
Mr. Kennedy. He did not say he had trouble with B. & S. ?
Mrs. Freels. No, sir. Then later the conversation was, well, after
Hard of Hearing Smitty came back to the office, which was several
weeks later, they were discussing the shooting and Smitty said, "Reyn-
olds, I believe you shot me." So they laughed about it.
Mr. Kennedy. Did Reynolds come into the office on Monday morn-
ing, June 13 ? Do you remember that ?
Sirs. Freels. I don't remember the date.
Mr. Kennedy. You don't remember if he came in the next day after
Smitty was sent to the hospital ?
Mrs. Freels. Yes, sir; he was in the office the next morning early
after Smitty liad been entered into tlie hospital.
Mr. Kennedy. Did he make any comment at that time ?
Mrs. Freels. That is when he asked me to send the flowers.
Mr. Kennedy. Who paid for the flowers ?
Mrs. Freels. Teamsters' Local 621,
The Chairman, Did you carry out instructions and send the
flowers just in the name of a friend, without sending it in the name
of
Mrs. Freels. Yes, sir.
The Chairman. I present to you a photostatic copy of a bill which
appears to be a bill for flowers, and ask you if this is a bill for the
flowers you sent Hard of Hearing Smitty.
Mrs. Freels, Yes, sir; this is the bill, but my message was not put
on it.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7129
The Chairman. They did not put the message. Well, the bill is
something you received. That is the bill you received for the flowers
you sent and the message you put on it.
Mrs. Freels. Yes, sir.
The Chairman. Keceived in the name of the local and it was paid
by the local.
Mrs. Freels. Yes, sir.
The Chairman. That may be made exhibit No. 6.
(Document referred to was marked "Exhibit No. 6," for reference
and will be found in the appendix on p. 7501.)
The Chairman. All right, you may proceed.
Mr. Kennedy. I just want to move on to another event you have
information on. I want to ask you if anybody in the union who
opposed jVIr. Eeynolds or any of the other individuals was ever taken
care of or beaten up. Did that ever occur ?
Mrs. Freels. Eegarding members of the local ?
Mr. Kennedy. Yes. Do you know of that ever occurring ?
Mrs. Freels. Yes ; I know Eugene Evans was beaten up.
Mr. Kennedy. Who is Eugene Evans?
Mrs. Freels. He was an employee of Kobinson Freight Lines, a
member of local 621.
Mr. Kennedy. What was the trouble with Eugene Evans, according
to Mr. Reynolds ?
Mrs. Freels. He had been out of work for quite some time. I
believe he had a case before the board and he didn't hear from the case,
he could not get any work out of local 621, and he needed help, I sup-
pose, for his family. So he kept coming to the local asking questions
and he would get up in the meetings and ask questions. It seemed
that Mr. Payne and Mr. Reynolds sort of got tired of that. So they
termed him as an "agitator."
The Chairman. Termed him what ?
Mrs. Freels. Termed him as an "agitator."
The Chairman. All he was agitating was to get some work to sup-
port his family ?
Mrs. Freels. Yes, sir.
The Chairman. Proceed.
Mrs. Freels. Mr. Reynolds made the statement that he would have
him taken care of. So he called Nashville. I don't know who he
talked to but he called Nashville and a day or so later I had a stranger
come into the office.
Mr. Kennedy. He did call Nashville and a stranger appeared at the
office at that time ?
Mrs. Freels. Yes, sir.
The Chairman. Counsel, making the presentation to get the record
in proper shape, prefers to interrogate you about that aspect of it a
little later, so if you will please stand aside, we will recall you at a
later time.
Mr. Kennedy. Mr. Eugene Evans.
The Chairman. Will you come around, please? Will you please be
sworn ? Do you solemnly swear that the evidence you shall give before
this Senate select committee shall be the truth, the whole truth, and
nothing but the truth, so help you God ?
Mr. Evans. I do.
7130 IMPROPER ACTIVITIES IN THE LABOR FIELD
TESTIMONY OF EUGENE EVANS
The Chairman. State your name and your place of residence and
your business or occupation,
Mr. Evans. Eugene Evans, 300 A Street, Knoxville, Tenn. At the
present time I am a school-bus driver at Mineral City, which is in
Lowden County.
The Chairman. You waive the right to counsel ; do you ?
Mr. Evans. I think so ; I don't think that I need counsel.
The Chairman. You do not think you need an attorney ?
Mr. Evans. No.
The Chairman. What was your former job or position before you
started driving the school bus ?
Mr. Evans. Well, immediately before that I was unemployed, except
extra. Before that time I had been employed by a company by the
name of Robertson Freight Lines, Knoxville, Tenn.
Mr. Kennedy. You were a member of the teamsters' union; were
you?
Mr. Evans. I was.
Mr. Kennedy. Were you having any difficulty with Mr. Reynolds of
that union ?
Mr. Evans. Yes, sir ; I had some, quite a bit ; yes, sir.
Mr. Kennedy. Would you tell us how that originated, and what
occurred ?
Mr. Evans. Well, to start the whole thing, what turned him against
me, I think, and I am sure was that at the time that I had my first
trouble Avith this Robinson, where I was fired over a strike, he run
for agent of tliis local, and president of tlie local. I didn't have any-
thing against him personally at the time, Imt I just was for another
officer that was running against him, which he defeated. From that
time on, it was pretty rough on me.
Mr. Kennedy. Then did you have some complaint regarding his
handling your charges of unfair labor practices against this company,
the Robinson Freight Lines ?
Mr. Evans. As I said, that was the start of it. That is when he was
elected. My main part that I had against him, as Mrs. Freels said, I
was out of work and I was trying to get a settlement on my case,
which I couldn't get. During this time Reynolds and the company,
and some agent fiom Kingsport and Nashville set up a meeting with
this company that had employed me. They made an agreement that all
unfair labor practices against the company would be dropped by them.
I found out about this when they had the meeting. I was supposed to
be down there, and they left me out of it.
The Chairman. They did not let you know about the meeting?
Mr. Evans. Not until after it had been held, and I found this out
myself.
The Chairman. You had no notice to be present, to present your
case or discuss the matter with them ?
Mr. Evans. No.
The Chairman. All right.
Mr. Evans. During this time there was proof, I got hold of a state-
ment or something written down on paper, where they had agreed to
withdraw the cases, which they did and I found out about this, and
Reynolds denied all of this. Of course, I knew he was in on it him-
IMPROPER ACTIVITIES IN THE LABOR FIELD 7131
self, and in fact instigated the wliole thing. Up to this time I had
gotten along well with all of the agents there at the local, and every-
where else, and I considered them all good friends of mine. I was just
anxious to get my job back.
Mr. Kennedy. Did you start taking an active part in the meetings
that were held ?
Mr. Evans. Yes, sir ; I had always even before that.
Mr. Kennedy. Would you start asking a lot of questions ?
Mr. Evans. Yes, sir.
Mr. Kennedy. And you started asking Mr. Reynolds questions about
his administration of the local ?
Mr. Evans. I did.
Mr. Kennedy. And did that appear to be opposed by Mr. Reynolds ?
Mr. Evans. It did. He just let it be known that he was running
the local, and the membership wasn't going to run the local, and lie
was elected president to run the local and he was going to do it.
^Ir. Kennedy. Was it ever indicated to you that if you kept up
your agitation and kept up asking questions, that you would be taken
care of ?
Mr. Evans. Well, yes, it had. I figured he would be the one to do
it and I wasn't much afraid of him.
INIr. Kennedy. How was that indicated to you ?
Mr. Evans. By threats, and by him talking and we would get into
pretty rough arguments about that. I had no idea of him really
carrying out what he did carry out.
Mr. Kennedy. "Wliat did he carry out, and what happened to you?
Mr. Evans. Sometime back in 1955
Mr. Kennedy. Around December 15, 1955 ?
Mr. Evans. Along about that time, and at this day I worked at
Central Motor Express and I had worked a little later than I had been,
and I was just working extra, and I worked when they wanted me and
as long as they wanted me.
Mr. Kennedy. Had you been having difficulty getting other jobs?
Mr. Evans. Absolutely, and had himself advised some companies
not to hire me, as I was a union agitator.
Mr. Kennedy. You were a union agitator, so you w^ould get a job
for a short period of time and he w^ould call up and get you fired ?
Mr. Evans. Yes, sir ; and I just couldn't get any work at all, and I
knew he was behincl it definitely.
The Chairman. Were you paying your dues to the local ?
Mr. Evans. I was.
The Chairman. Were you in good standing ?
Mr. Evans. I was at that time.
Mr. Kennedy. On December 15, you were working for whom ?
Mr. Evans. Central Motor Express of Knoxville, Tenn., and I think
that is their home terminal. On that date I worked a little late that
night, and I came in and I was tired and I had ridden the bus. I rode
one bus uptown and transferred on to another bus. I got off this bus
and I went up to my apartment where I was staying and as I got off
and went toward the apartment, and got on the porch, a man crossed
the street and he hollered at me and he said : "Are you Eugene Evans ?"
and I said "Yes." He said, "I want to see you. John Brooks sent
me up here to see you on the Robinson case." John was a good friend
7132 IMPROPER ACTrvrriE's znt the labor field
of mine and he had nothing to do with this attack whatever. But it
throwed me off guard. Naturaly, I was anxious to hear any news on
the case and I just stepped down off the porch and I was going to talk
to him when he got in range of me, and pow, he let me have it.
Mr. Kennedy. He clobbered you then ?
Mr. Evans. Yes.
Mr. Kennedy. He knocked you down ?
Mr. Evans. Yes, sir ; he knocked me down, and he had the first lick.
Mr. Kennedy. What did he do once you were down ?
Mr. Evans. He was kicking me.
Mr. Kennedy. Did he kick you in the face ?
Mr. Evans. Yes, sir, and about the ribs. Finally, he got a hold of
one foot, and as I said, he knocked me down but it never did knock me
out, but it addled me, the first lick. And in other words, I was just
helpless, what you might say. A lady ran across the street, and he had
me by one foot and she was screaming and said she was going to call
the law. I was trying — I seen I was going to have to do something
and I was trying to kick him, and by the time she got there, why I
reckon he thought she was really somebody that was really going to
call the law.
Mr. Kennedy. Some woman saw you across the street ?
Mr. Evans. Yes, sir, and she was on the same bus I was on.
Mr. Kennedy. And so she started coming over and saying she was
going to call the law ?
Mr. Evans. Yes, sir, and so this man r\m and when this happened
he run down the street, and I got up and he got in a car. The car was
running and I saw it was running and somebody else was in the car,
and I don't know who. He drove off.
Mr. Ivennedy. He got away ?
Mr. Evans. Yes, sir.
Mr. Kennedy. Did you report, that to the police ?
Mr. Evans. I went, and I will just finish telling the whole thing.
So I went up to the house, and my wife was in a family way and I
knocked on the door, and I held the door from tlie outside and I was
pretty well beat up. I told her not to open the door, and I said, "I
have had a little trouble, and go sit down." And there was a friend
of ours there at the time, and I said, "I will wash up." So it scared
her, and so I just opened the door and I went on in. I told her what
happened, and she said, "Well there was a man here today who wanted
to see you." She described him and from her description it was the
same man that attacked me. He told her that they wanted me to go
off with them and they had a strike at the INIarine Bakery and they
wanted me to help them with it. If he had told me the same thing, I
would have just got in the car with him, and I don't know what
would have happened then. The next day I went down to the office
and Mrs. Freels came to the door, and she said, "Wliat on earth hap-
pened?" And I said, "Well, my wife beat me up," and I wanted to
find out about it.
Mr. Kennedy. You said originally your wife beat you up ?
Mr. Evans. I told her that, and I didn't want to say anything about
it. So she laughed, and I asked her, I said, "Has there been anybody
in town today," and she said, "Yes," and I described him, and she said
it fit the description of the man that was there.
IMPROPEIR ACTIVITIES IN THE LABOR FIEfLD 7133
Mr. Kennedy. Could you stand up now and see if you could find
the man Do you think you could indentify him '(
Mr. Evans. I am sure I could.
Mr. Kennedy. Would you look around this room and see if you
could find him 'I
Mr. Evans. There is the man right there in the grey jacket, the sec-
ond one from the end there.
Mr. Kennedy. Mr. Corky Ellis, will you come around, please ?
The Chairman. Is this the man that you identify ?
Mr. Evans. Yes, sir.
The Chairman. Have a seat right there, Mr. Ellis, and we will get
to you a little later.
Proceed.
Mr. Kennedy. You raised this question with Mr. Keynolds?
Mr. Evans. Well, I knew myself what had happened, and I didn't
see him for a day or two, and he was in Nashville, I think. He left, or
he was supposed to have been. I didn't see him, but I Imew myself
what had happened.
That was just about the end of it, though, and he come in the office
and he laughed. And now this is hearsay, he didn't tell me this, but
he said "I see somebody has pretty well worked Gene over, haven't
they V I know that to be a fact, but as I say it was heai-say.
The Chairman. Mr. Ellis, will you come around, please ?
Will you be sworn ? Do you solemnly swear that the evidence you
shall give before this Senate select committee shall be the truth, the
whole truth, and nothing but the truth, so help you God ?
Mr. Ellis. I do.
TESTIMONY OF WILLIAM LEON ELLIS, ACCOMPANIED BY HIS
COUNSEL, L. N. D. WELLS
The Chairman. State your name, and your place of residence, and
your business or occupation.
Mr. Ellis. William Leon Ellis, 9250 Nathan, Nashville, Tenn., and
I work for Kroger Grocery Co.
The Chairman. Do you waive counsel ?
Mr. Ellis. I have Mr. Wells representing me.
The Chairman. Where is he? Come around, Mr. Wells.
Counsel, will you please state your name and your place of residence.
Mr. Wells. My name is L. N. D. Wells, Jr., and I live in Dallas,
Tex., and I am a member of the firm of MuUinax, Wells & Morris.
The Chairman. You live in Dallas, Tex. ?
Mr. Wells. Yes, sir.
The Chairman. All right, have a seat.
You represent some labor union, do you, or labor organization ?
Mr. Wells. Yes, sir. Our firm is counsel to the Texas State Federa-
tion of Labor, AFI^CIO, now, and we also represent the Southern
Conference of Teamsters.
The Chairman. Thank you very much. Are you here in the capac-
ity of representing those labor organizations or are you here as the
individual counsel of this witness?
Mr. Wells. I am counsel to Mr. Ellis.
The Chairman. He has retained you ?
Mr. Wells. Yes, sir.
7134 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Kennedy. Mr. Ellis, would you look to your left, and. tell the
committee if you have ever seen this gentleman before?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Mr. Kennedy. You were here during the testimony of Mr. Evans,
and were the statements that he gave regarding your hitting him
correct ?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Mr. Kennedy. That you approached him to talk over a matter with
him, and when he got within striking distance, you clobbered him?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Mr. Kennedy. Have you done any work for the teamsters such as
that in other instances ?
Mr. Ellis. What is that?
Mr. Kennedy. Have you done anything like that for the teamsters
in other instances ?
Mr. Ellis. I claim my constitutional right not to be a witness
against myself.
Mr. Kennedy. Have you beaten anybody else up, Mr. Ellis?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Mr. Kennedy. Were you brought over there by Mr. Reynolds to beat
Mr. Evans up ?
Mr. Ellis. I claim my constitutional rights not to be forced to be a
witness against myself.
Mr. Kennedy. Were you accompanied on that trii) by Mr. W. A.
Smith?
Mr. Ellis. I claim my constitutional rights not to be forced to be a
witness against myself.
The Chairman. Do you honestly believe if you told the truth it
might tend to incriminate you?
Mr. Ellis. I claim my constitutional rights not to be forced to be a
witness against myself.
The Chairman. It is a fact it would incriminate you ; is that right ?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
The Chairman. Can you say anything besides that ?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
The Chairman. Proceed.
Mr. Kennedy. Mr. Evans, there is no question in your mind but
that Mr. Ellis is the one that hit you ?
Mr. Evans. There is no question in my mind but what he was the
man who attacked me.
Mr. Kennedy. Once you were down, he kicked you; is that right?
Mr. Evans. Yes, sir.
Mr. Kennedy. Is that true ?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
The Chairman. Where did you say you worked ?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7135
The Chairman. Kead it back there, and I want to ask him, Where
did you say you were employed ?
Mr. Ellis. Can I talk to my lawyer ?
(The witness conferred with his counsel.)
Mr. Ellis. I am employed at the Kroger Grocery Co.
The Chairman. How long have you been employed there ?
Mr. Ellis. About 3 months.
The Chairman. Where were you formerly employed ?
Mr. Ellis. TVA, in Gallatin, Tenn.
The Chairman. Tennessee ?
Mr. Ellis. Yes, sir.
The Chairman. Are you a native of Tennessee ?
Mr. Ellis. That is right.
The Chairman. You lived there all of your life ?
Mr. Ellis. No, sir ; I don't think so.
The Chairman. Where have you lived other than in Tennessee ?
Mr. Ellis. Can I talk to my lawyer?
( The witness conferred with his counsel. )
Mr. Ellis. I was in the Navy, and I also followed oil w^ork, oil-
field work.
Mr. Ellis. Well, let me have a conference with my lawyer.
(The witness conferred with his counsel.)
Mr. Ellis. I followed it to Texas, Colorado, Wyoming, and I think
that is about all.
The Chairman. When did you join the teamsters?
(The witness conferred with his counsel.)
Mr. Ellis. November 20, 1955.
The Chairman. When did this incident occur?
Mr. Kennedy. December 15, 1955.
The Chairman. You had been a member about a month when this
incident occurred, is that right ?
(The witness conferred with his counsel.)
Mr. Ellis. I claim my constitutional rights not to be forced to
be a witness against myself.
The Chairman. Did you join the teamsters or were you hired by
them?
(The witness conferred with his counsel.)
Mr. Ellis. I joined the teamsters.
The Chairman. You joined the teamsters ?
Mr. Ellis Yes, sir.
The Chairman. Were you ever hired by the teamsters to perform
any service
^Ir. Ellis. Yes, I was hired by the teamsters.
The Chairman. To perform what service?
Mr. Ellis. Helping organize.
The Chairman. To help organize?
Mr. Ellis. Yes, sir.
The Chairman. Was that a part of your business when you were
down there beating this fellow up. Was that what you were hired
to do?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
7136 IMPROPER ACTIVITIES EST THE LABOR FIELD
The Chairman. The Chair, with the permission of the committee,
orders and directs you to answer that question. You are ordered
and directed to answer the question whether you were hired to go
down there and beat this man up ?
(The witness conferred with his counsel.)
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Senator Curtis. I did not hear your answer.
Mr. Ellis. I claim my constitutional right not to be forced to be
a witness against myself.
Senator Curtis. How long ago was this?
The Chairman. 1955, in December.
Senator Curtis. That is all for the moment.
The Chairman. You do not like to be left in the category here in
public, and for this record, as one of these professional goons, do you,
that they hire to be around and commit violence and beat up people ?
Do you want to leave the record that way, that implication here be-
cause you have not the courage or honesty or integrity to simply say
you did or did not ? Do you want to leave the record that way ?
Mr. Ellis. Let me talk to my lawyer.
(The witness conferred with his counsel.)
Mr. Ellis. I claim my constitutional rights not to be forced to be
a witness against myself.
The Chairman. You have that right, if you want to exercise it, but
you are leaving yourself in a pretty bad light here. You are a young
man, and I would think that you have some sense of decency and
some little bit of character in you, but you are leaving a record here
that looks pretty bad. Do you want to leave it that way now or do
you want to just tell the facts for once and tell the truth ?
Mr. Ellis. I will have to talk to my lawyer.
(The witness conferred with his counsel.)
Mr. Ellis. I claim my constitutional right not to be forced to be
a witness against myself.
The Chairman. AVhen did you first meet your attorney ?
Mr. Ellis. T\nien I got my subpena I went to Mr. Vestal with it
and asked if he could recommend anybody.
The Chairman. You went to whom with it ?
Mr. Ellis. Mr. Vestal.
The Chairman. Wlioishe?
Mr. Ellis. He is the president of local 327.
The Chairman. President of local 327 ?
Mr. Ellis. Yes, sir.
The Chairman. And he recommended the attorney in Dallas, Tex.,
for you ?
Mr. Ellis. That is right.
The Chairman. Wlio procured the attorney for you, you or him ?
Mr. Ellis. I don't understand that.
The Chairman, "^^lio procured the attorney, and who made the
arrangements for your attorney, you or him ?
Mr. Ellis. I was met or introduced to Mr. Wells by Mr. Vestal and
I selected Mr. Wells.
The Chairman. After he had been recommended by the president
of the union ?
IMPROPER ACTIVITIES IN THE LABOR FIEIiD 7137
Mr. Ellis. I asked liim for a recommendation of a lawyer.
The Chairman. I understand, but you were raised in Tennessee ?
Mr. Ellis. Yes, sir.
The Chairman. You know attorneys there ; do you not ?
Mr. Ellis. No, sir, I am afraid I don't know very many.
The Chairman. You do not know very many ?
Mr. Ellis. None that I would want.
The Chairman. There are no lawyers in Tennessee you would want?
You have a rio;ht to go to Texas, and get counsel, and I am not com-
plaining, but I just want the record to reflect the circumstances and
the facts. Here is a union apparently engaged in going around beating
up people and shooting at them, and putting on a reign of terror in a
State down here or in a whole area, and apparently you were one of
them that they employed to do it. When you get subpenaed before
this committee, you go to the president of the local of which you are
a member, and he gets you an attorney from Texas who represents labor
organizations. It certainly has the implication to me, and I do not
know how it has to the public and to the other members of the commit-
tee, but it certainly has the implication to me that this union is involved
in this reign of terror probably directly responsible for it, and they
send you to Texas to get one of their lawyers to come up here and rep-
resent you. You have that right, but it is just a circumstance that
speaks louder than any explanation you have given.
Do you want to leave the record that way ?
Mr. Ellis. Let me talk to my lawyer.
(The witness conferred with his counsel.)
Mr. Ellis. I do not understand exactly what you mean there.
The Chairman. Do you want to leave the record with that im-
plication that you were hired as a goon and a thug by this union to go
out here and beat up your fellow man, and then when you get sub-
penaed before this committee to answer questions as to what occurred,
that you immediately go to the president of that local union for advice
with respect to getting an attorney and he sends you to Texas for an
attorney ? Do you want to leave the record that way, that you followed
his advice? You knew attorneys, but you are doing all of this be-
cause of your obligation or because you have been bought and paid for
by the union ?
Do you want to leave the record that way ?
Mr. Ellis. Let me talk to my lawyer.
(The witness conferred with his counsel.)
Mr. Ellis. I claim my constitutional rights not to be forced to be a
witness against myself.
The Chairman. Now, you probably have the physical courage when
you have an advantage or think you have an advantage to take some-
body by surprise to walk up and slug them and knock them down and
kick them around, and then run. Then you run when somebody or
some of the neighbors or somebody observes it and says that they are
going to call the law. You probably have that much physical courage
to do it as a thug and as a goon. But when you come up here and face
the man that you beat up you haven't got the moral courage to stand
there before him or sit there by him and admit that you did it, have
you ? Have you ?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
7138 IMPROPEiR ACTIVITIES IN THE LABOR FIELD
Senator Curtis. Where were you employed in December of 1955 ?
Mr. Ellis. To the best of my recollection, I don't remember.
The Chairman. Did you get that phrase from Jimmy Hoffa? It
seems to be permeating around here.
(The witness conferred with his counsel.)
Mr. Ellis. I have never talked to Mr. Holla.
The Chairman. I am sure of that. I meant from the pattern he set
when he testified here before this committee.
Senator Curtis. You honestly do not know where you were working
in 1955, in December ?
Mr. Ellis. I don't actually, and I can tell you where I think I was
working.
Senator Curtis. "VVliere was it ?
Mr. Ellis. I think that I was working at the Ford glass plant.
Senator Curtis. Where is that located 'i
Mr. Ellis. That is located in the west part of Nashville.
Senator Curtis. When did you begin w^orking there ?
Mr. Ellis. I don't remember the exact date.
Senator Curtis. You think you were working there in the middle
of the month, around December 15 ?
Mr. Ellis. I don't remember. There was a lot of wet weather and
I was working on a truck, and we were laid off a lot, and I don't
remember exactly when.
Senator Curtis. Did you work for anybody else in December ?
Mr, Ellis. I don't remember if I did.
Senator Curtis. Were you paid for doing anything in December
other than working for this glass company ?
Mr. Ellis. December of what ?
Senator Curtis. 1955.
Mr. Ellis. Let me have a conference with my lawyer.
(The witness conferred with his counsel.)
Mr, Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Senator Curtis. Now, if there was some employment and some pay-
ment to you in December of 1955 for something that you decline to
testify about, I want to ask you : Did you report that remuneration in
your income tax ?
Mr. Ellis. Did I do what?
Senator Curtis. Did you report the money you received in your
income tax?
Mr. Ellis. Money received when ?
Senator Curtis. In December of 1955.
Mr. Ellis. Let me consult my lawyer.
(The witness conferred with his counsal.)
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Senator Curtis. Do you know the man sitting upon your left ?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Senator Curtis. That is not forcing you to be a witness against
yourself, and your own attorney will not contend that. Do you know
the man sitting on your left ?
Mr. Ellis. I will have a conference with my attorney.
(The witness conferred with his counsel.)
IMPROPER ACTIVITIES TN" THE LABOR FIELD 7139
Mr. Wells. May I address tlie Chair ?
I beo; your pardon. The clerk was asking me a question.
The Chairman. The question was: Do you know the man sitting on
your left?
Mr. Wells. Thank you.
The Chairman. That is the question to the witness.
Mr. Ellis. I claim my constitutional right not to be forced to be
a witness against myself.
The Chairman. I^Hio is paying your attorney for you ?
Mr. Ellis. That has not yet been decided.
The CiLVTRMAN. You have not agreed to pay him? If it has not
been decided, you have not agreed to pay him,
Mr. Ellis. It hasn't been decided.
The Chairman. You have not yet agreed to pay your counsel,
have you? Answer the question. Have you? Have you yet agreed
to pay him ?
Mr. Ellis. I have not yet agreed to pay him.
The Chairman, You have not yet agreed to pay him ?
Mr. Ellis. No,
The Chairman. All right. Thank you.
Senator Curtis, Now, did you ever see Mr, Evans, who is on your
left, before today ?
Mr. Ellis. I claim my constitutional right not to be forced to be
a witness against myself.
Senator Curtis, That is all.
Mr. Kennedy, I just have a couple of questions, Mr. Ellis. Where
were you born ?
Mr. Ellis. I was born in White Bluff, Tenn.
Mr, Kennedy, Did you go to school there ?
Mr, Ellis, No, sir; I didn't.
Mr. Kennedy. Where did you go to school ?
Mr. Ellis. I went to school at Cohn, Cohn High.
Mr. Kennedy. In West Nashville?
Mr. Ellis. Yes, sir.
Mr. Kennedy. And you lived there, or went to school there, until
what time?
Mr, Ellis. Well, actually, I mean I think that I left White Bluff
when I was 18 months old, or something like that.
Mr. Kennedy. How far did you go through school ?
Mr. Ellis. I finished school.
Mr. Kennedy. You finished high school ?
Mr. Ellis. I don't know what you call it ; not actually at Cohn, I
got school through cor res]ion deuce.
Mr, Kennedy. Through high school ?
Mr. Ellis. Well, they gave me a diploma.
Mr, Kennedy. What did you do after that?
Mr. Ellis. After I got out ?
Mr. Kennedy. Yes.
Mr, Ellis. I was in the Navy for a while.
Mr. Kennedy, How long were you in the Navy ?
Mr. Ellis. I went in the Navy, and I was in service altogether
about 4 years, I think; the best I remember it was about 4 years.
Mr. Kennedy. Startino; when ?
7140 IMPROPER ACTIVITIEiS EST THE LABOR FIELD
Mr, Ellis. I don't remember the exact date when it was.
Mr. IvENNEDY. You do not remember when you were in the Navy ?
Mr. Ellis. Not the exact date.
Mr. Kennedy. Approximately what years ?
Mr. Ellis. I would say somewhere around 1944 or 1945, or some-
where in there.
Mr. KJ3NNEDY. 1944 or 1945 ?
Mr. Ellis. Somewhere in there.
Mr. KJENNEDY. Until what time ?
Mr. Ellis. Well, I would say around 1948, or something like that.
Mr. Kennedy. How old are you now ?
Mr. Ellis. 29 years of age.
Mr. Kennedy. 29 years of age?
Mr. Ellis. Yes, sir.
Mr. Kennedy. You did some boxing in the Navy ?
Mr. Ellis. I may have done some ; everybody does some boxing in
the Navy that goes through calisthenics.
Mr. IvENNEDY. Did you do any boxing in the Golden Gloves?
Mr. Ellis. Not actually Golden Gloves, I think.
Mr. Kennedy. What kind of boxing did you do ?
Mr. Ellis. I might have done some amateur boxing.
Mr. Kennedy. Where did you box amateur ?
Mr. Ellis. I boxed some in Nashville.
Mr. Kennedy. In Nashville ?
Mr. Ellis. Yes, sir.
Mr. Kennedy. You never did any professional boxing ?
Mr. Ellis. No, sir ; I never did.
Mr. Kennedy. For how long did you box amateur?
Mr. Ellis. I don't really remember how long, exactly, it was.
Mr. Kennedy. When was that when you were boxing in Nashville ?
Mr. Ellis. Sir?
Mr. Kennedy. When were you boxing amateur ?
Mr. Ellis. I don't remember. To the best of my recollection, 1
don't remember the exact date.
Mr. Kennedy. Was it a couple of years ago, 5 years ago, or after
you got out of the Navy ?
Mr. Ellis. It has been longer than that.
Mr. Kennedy. After you got out of the Navy ?
Mr. Ellis. No ; I think it was before. I am not sure.
Mr. Kennedy. Do you know Mr. Canaday, Perry Canaday ?
Mr. Ellis. Let me talk to my lawyer.
(The witness conferred with his counsel.)
Mr. Ellis. I claim my constitutional right not to be forced to be
a witness against myself.
Mr, Kennedy. Did you know that Mr. Canaday and JNIr. Rich-
ardson and another gentleman were arrested for the slugging and
almost killing of an individual by the name of Bruce, of the B. & S.
Trucking Company ?
Mv. Ellis. I claim my constitutional right not to be forced to be
a witness against myself.
Mr. Kennedy. And that that beating took place on November 21,
1955, sliortly after you were hired ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7141
Mr. Ellis. I claim my constitutional right not to be forced to be
a witness against myself.
Mr. Kennedy. It is a strange thing. They were able to get every-
body else except the man who did the slugging of Mr. Bruce. Accord-
ing to the testimony we had yesterday, Mr. Bruce still is not able to
work 2 years later, and he still does not have all his faculties. Do you
know anything about the slugging of Mr. Bruce ?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Mr. Kennedy. Is it not a fact that you were the one that did that ?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Mr. Kennedy. You have been arrested on other occasions, have you
not, for slugging people ? Isn't that right ?
(The witness conferred with his counsel.)
Mr. Ellis. I was accused of it, but I was acquitted.
Mr. Kennedy. When was that ?
Mr. Ellis. I don't remember the exact date of it.
Mr. Kennedy. Was it this year ?
Mr. Ellis. I believe it was.
Mr. Kennedy. 1957 ?
Mr. Ellis. Yes.
Mr. Kennedy, "^^^io were you supposed to have beaten up at that
time?
Mr. Ellis. Earl O'Bryan.
The Chairman. Did you have a lawyer at that time? Wlien you
w^ere acquitted, did you have a lawyer ?
Mr. Ellis. I had Z. T. Osborne at that time.
The Chairman. You did know him and you used him in that
instance ?
Mr. Ellis. I did.
The Chairman. So you have used Tennessee lawyers in the past?
Mr. Ellis. I have used one.
The Chairman. All right. Go ahead.
Mr. Kennedy. Who did you have as an attorney ?
Mr. Ellis. Z.T.Osborne.
Mr. Kennedy. Does he do any work for the teamsters down there ?
(The witness conferred with his counsel.)
Mr. Ellis. I have heard that he was the teamster lawyer there in
Nashville.
Mr. Kennedy. How did you happen to retain him ?
Mr. Ellis. How I happened to retain him ? I was advised to go to
him.
INIr. Kennedy. By whom ?
Mr. Ellis. Mr. Vestal.
Mr. Kennedy. He is president of the local ?
Mr. Ellis. Yes, sir.
Mr. Kennedy. Now, who paid Mr. Osborne's fee? Did you pay
him?
Mr. Ellis. I did not pay him.
Mr. Kennedy. So the union local paid that ?
Mr. Ellis. I do not know.
7142 IMPROPER ACTIVrTIES EST THE LABOR FIELD
Mr. Kennedy. You did not have any discussion about fee witli
him?
Mr. Ellis. No, sir.
Mr. Kennedy. You went to him on the recommendation of Mr.
Vestal ; is that riglit ?
Mr. Ellis. Not altogether.
Mr. Kennedy. Mr. Vestal recommended him to you ?
Mr, Ellis. I knew he was a lawyer.
Mr. Kennedy. Didn't Mr. Vestal recommend that you go to him ?
Mr. Ellis. I asked him who was a good lawyer there and he told
me of a man's name.
Mr. Kennedy. So you went to him ?
Mr. Ellis. Yes.
Mr. IvENNEDY. So there was never any discussion of the fee. Who
was it you were supposed to have beaten up ?
Mr. Ellis. Earl O'Bryan.
Mr. IvENNEDY. Where did he work ?
Mr. Ellis. I think he worked for Roadway Express.
Mr. Kennedy. He was a member of the teamsters ?
Mr. Ellis. Yes, sir.
Mr. Kennedy. Did you understand he was deemed to be an agitator
in Nashville, Tenn. ?
Mr. Ellis. What was the question ?
Mr. Kennedy. Did you understand that he was deemed to be an
agitator in Nashville, Tenn., that he was one of those raising a lot
of questions in the local in Nashville ?
Mr. Ellis. Well, I read in the paper that he was.
The Chairman. Did you get that information from anyone else
than the paper ?
Mr. Ellis. No, sir ; I read it in the paper.
The Chairman, What instructions did you get when you were told
to go beat him up? Did they tell you why they wanted him beaten
up?
Mr. Ellis. No one told me anything on it.
The Chairman, All right, proceed,
Mr. Kennedy, But when you were accused of it, the teamsters, Mr,
Vestal recommended the attorney and you never paid the attorney;
is that right ?
Mr, Ellis, I haven't had the money to pay him, I will tell you.
Senator Cltrtis, Did you take the witness stand in that case ?
Mr. Ellis. I did.
Senator Curtis, Did you deny having any part in the offense you
were charged with ?
Mr. Ellis. I did not deny that me and Mr, O'Bryan were talking,
I did not deny that me and Mr, O'Bryan were talking.
Senator Curtis, But you denied hitting him or injuring him?
Mr, Ellis, Yes, sir.
Senator Curtis, Did you hit him ?
Mr, Ellis, No, sir; I didn't.
The Chair]man, Did you hit this man ?
Mr, Elijs. I claim my constitutional right not to be forced to be a
Avitness against myself.
The Chairman. Do you not see the implication ? You can deny the
charge of hitting another man and here you sit beside a man who said
IMPROPER ACTIVITIES IN THE LABOR FIELD 7143
you beat him up. I cannot draw any other inference from it except
that you, in this instance, were the one employed and did the job.
Otherwise you could say you did not. Do you want to leave that
inference ?
Mr. Ellis. Wliat was the question again ?
The Chairman. Do you want to leave that inference?
Mr. Ellis. What inference ?
The Chairman. The inference, by not denying it, you beat this man
up?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
The Chairman. Are you still in the employ of the union local ?
Mr. Ellis. Am I what ?
The Chairman. Are you still in the employ of the teamsters union
local ?
Mr. Ellis. I am employed by Kroger Co.
The Chairman. I know you are, but you said you were employed
by the teamsters local there. Are you still being employed ?
Mr. Ellis. I work for Kroger Grocery Co.
The Chairman. I know you work for Kroger. I am not question-
ing that. But you testified that you had been in the employ of the
teamsters local. Did you not testify to that a few moments ago ?
(The witness conferred with his counsel.)
Mr. Ellis. I am not employed by the teamsters local.
The Chairman. You have been in the past, have you not? You
testified to that.
Mr. Ellis. I have worked on picket lines ; yes.
The Chairman. What other kinds of work did you do for them?
Mr. Ellis. That is all that I remember outside of working in the
election.
The Chairman. Are you one that is just called on for special occa-
sions by the teamster local ?
(The witness conferred with his counsel.)
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
The Chairman. Did Mr. Keynolds call you up by long distance
telephone a day or two before this man was beat up ?
(The witness conferred with his counsel. )
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
The Chairman. How come you went down there at that time ?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
The Chairman. Were you in Knoxville on the day this man was
beaten up ?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Senator Curtis. Were you ever paid any money or check or other
thing of value by this local teamsters union or any other official or
person connected with the teamsters union ?
(The witness conferred with his counsel.)
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
80330— 58— pt. 18 7
7144 IMPROPER ACTIVITIES IN THE LABOR FIELD
Senator Curtis. Did you report all of the money that came into
your hands in 1955 in your income-tax return ?
(The witness conferred with his counsel.)
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Senator Curtis. That is all.
Mr, Kennedy. As I understand it, Mr. Ellis, you did not beat Mr.
O'Bryan up. Is that your testimony? You did not participate in
this beating ?
Mr. Ellis. I was acquitted of it.
Mr. Kennedy. You never did take part in it ?
Mr. Ellis. I never did.
Mr. Kennedy. Did you take part at all in the beating up of Mr.
Bruce?
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
Mr, Kennedy. I would like to point out once again that Mr. Bruce
was beaten in November 1955, and still cannot work. He was uncon-
scious for 10 clays and still does not have the use of all his faculties.
The Chairman. Were you hit by anything as far as you know be-
sides the man's fist ?
Mr. Evans. Your Honor, I think he had something on his hand.
The Chairman. Was it knuckles ?
Mr. Evans, I don't believe it was metal. My opinion was that it
was a piece of leather across his hand,
Mr. Kennedy. Then you were kicked in the head ?
Mr, Evans, Yes.
Mr. Kennedy. How many are in your group of thugs that they
call on to go around and beat people up? Who else is in the crowd
with you ?
Mr, Ellis, I claim my constitutional right not to be forced to be
a witness against myself.
The Chairman. You can be a witness against them and tell who
they are, can't you ?
(The witness conferred with his counsel.)
Mr. Ellis. I claim my right not to be forced to be a witness against
myself.
Senator Curtis. Did any law officers ever interrogate you concerning
the charge of beating up Mr. Evans ?
(The witness conferred with his counsel.)
Mr. Ellis. I claim my constitutional right not to be forced to be
a witness against myself.
Senator Curtis. I am not asking you what you told them, I am
asking you if any law-enforcement officers ever questioned you about
beating up Mr. Evans.
Mr. Ellis. I claim my constitutional right not to be forced to be a
witnesss against myself.
Senator Curtis,' Were you ever questioned by any law-enforcement
officers concerning the beating up of Mr, Bruce ?
Mr, Ellis, I claim my constitutional right not to be forced to be
a witness against myself.
The Chairman, Do you have a family ?
Mr. Ellis. Yes, I have a family.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7145
The Chairman. How would you like to get beat up just because
somebody did not agree witli you ?
Mr. Ellis. I don't understand your question.
The Chairman. How would you like to get beat up just because
someone did not agree with you ?
(The witness conferred with his counsel.)
Mr. Ellis. I don't understand exactly what you mean.
The Chairman. You do not ? Do you not think if the situation had
been reversed and you had been in his place and he in yours, you
would understand what I meant?
(The witness conferred with his counsel.)
Mr. Ellis. I claim my constitutional right not to be forced to be a
witness against myself.
The Chairman. The Chair is going to express a little opinion. I
think people who sell their services to act as goons and thugs and go
around and beat people up are the scum of humanity. You can be
your own judge as to whether you are guilty or not. Any other
questions ?
Mr. Kennedy. That is all.
The Chairman. Stand aside.
Call the next witness.
Mr. Kennedy. Mr. Robert Caldwell.
The Chairman. Do you solemnly swear the evidence you shall give
before this Senate select committee shall be the truth, the whole truth,
and nothing but the truth, so help you God ?
Mr. Caldw^ell. I do.
TESTIMONY OF ROBERT CALDWELL
The Chairman. Be seated. State your name, place of residence, and
occupation.
Mr. Caldw^ell. Bob Caldwell, Salway Road, Knoxville, Tenn.
The Chairman. What is your occupation ?
Mr. Caldw^ell. Truckdriver.
The Chairman. You waive counsel, do you, Mr. Caldwell ?
Mr. Caldwell. I don't understand your question.
The Chairman. Do you waive counsel? You do not have an at-
torney to represent you. Do you feel you need an attorney to represent
you ?
Mr. Caldwell. No, sir.
The Chairman. Thank you very much. Proceed.
Mr. Kennedy. Mr. Caldwell, you are a driver for the Purity Pack-
ing Co. ?
Mr. Caldwell. Yes, sir.
Mr. Kennedy. You held the same position in 1956 ?
Mr. Caldw^ell. Yes, sir.
Mr. Kennedy. The teamsters were making an effort to organize you
in 19.56?
Mr. Caldwell. Yes, sir.
Mr. Kennedy. Were you interested in joining the union at that
time?
Mr. Caldwell. Xo, sir.
Mr. Kennedy. Was there a picket line placed outside the Purity
Packing Co. ?
7146 IMPROPER ACTIVITIES EST THE. LABOR FIELD
Mr. Caldwell. Yes, sir; on Monday morning when I went to
work
Mr. Kennedy. Could you speak up a little ?
Mr, Caldwell. On Monday morning when I went to work at ap-
proximately 5 o'clock, I heard something about they were on strike,
but I didn't know for sure what was happening. In fact, I didn't
know anything about the union to start with. As I pulled in on the
property, I saw approximately 10 cars and some men pull in behind
me.
Mr. Kennedy. Did you understand the teamsters approached the
Purity Packing Co. and said they had a majority of employees signed
up and they wanted a contract with that company and that the com-
pany had requested an election, and that the union had refused the elec-
tion and had put the picket line up.
Mr. Caldwell. At the time I didn't.
Mr. Kennedy. Did you learn that subsequently ?
Mr. Caldwell. Yes, sir.
Mr. Kennedy. So the picket line was up ; is that right ?
Mr. Caldwell. Yes, sir.
Mr. Kennedy. Did you continue to work despite the picket line ?
Mr. Caldwell. Yes, sir.
Mr. Kennedy. You went around through the back ?
Mr. Caldwell. I went out the back exit.
Mr. Kennedy. You came out so that they did not know you were
coming out ; is that right ?
Mr. Caldwell. Right.
Mr. Kennedy. On Friday night, October 25, 1956, you were not at
home ; is that right ?
Mr. Caldwell. October 26.
Mr. Kennedy. October 26.
Mr. Caldwell. Yes.
Mr. Kennedy. Did something occur near your home at that time ?
Mr. Caldwell. My automobile was blown up.
Mr. Kennedy. Could you tell the committee where you were ?
Mr. Caldwell. I had gone to the ball game in Knoxville.
Mr. Kennedy. Before the ball game was over, did your brother
come in to get you ?
Mr. Caldwell. No. We left the ball game and went to eat.
Mr. Kennedy. And then your brother came in to get you ?
Mr. Caldwell. Yes.
Mr. Kennedy. Will you tell what happened ?
Mr. Caldwell. I was told that my car was blown to pieces.
Mr. Kennedy. Some dynamite had been put under your car ?
Mr. Caldwell. Yes.
Mr. Kennedy. How much dynamite was placed under your car ?
Mr. Caldwell. I don't know. It must have been pretty big.
Mr. Kennedy. Was there anything left of the car ?
Mr. Caldwell. Not that was of any use.
Mr. Kennedy. So the car was a complete loss. Do you have a pic-
ture of the car there ?
Mr. Caldwell. Yes.
The Chairman. The picture may be made exhibit No. 7.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7147
(The photograph referred to was marked "Exhibit No. 7" for
reference and may be found in the fdes of the select committee. )
Mr, Kennedy. Your wife was home ?
Mr. Caldwell. Yes.
Mr. Kennedy. You have a couple of children ?
Mr. Caldw^ell. Yes.
Mr. Kennedy. Your wife was in bed ?
Mr. Caldavell. Yes, sir.
Mr. Kennedy. Was she expecting another child ?
Mr. Caldw^ell. Yes, sir.
Mr. Kennedy. Did she hear the explosion ?
Mr. Caldwell. It knocked her out of bed.
Mr. Kennedy. Knocked your wife, who was expecting a child, and
your two children, out of bed ?
Mr. Caldwell. Yes.
Mr. Kennedy. Did it have any effect on your wife ?
Mr. Caldwell. Well, she is sort of a nervous girl, anyway. I would
say 6 or 8 weeks following the dynamiting of the car she had to stay
in bed.
Mr. Kennedy. Was that on instructions of the doctor ?
Mr. Caldwell. Yes.
Mr. Kennedy. He said after being thrown out of bed like this, she
would have to remain in bed ?
Mr. Caldwell. He examined her Saturday morning following that,
and told her it would be necessary to stay in bed to keep from losing
the baby.
Mr. IvENNEDY. Did she remain in bed ?
Mr. Caldwell. Yes.
Mr. Kennedy. How long a period of time ?
Mr. Caldwell. Just about until it was born.
Mr. Kennedy. That was 8 or 10 weeks ?
Mr. Caldwell. Yes.
Mr. Kennedy. Actually 4% or 5 months ?
Mr. Caldwell, Four months.
Mr. I^iiNNEDY. She remained in bed for the 4-montli period, then?
Mr. Caldwell. Yes. She also was in the hospital two times before
this.
Mr. Kennedy. Did the doctor express concern she would lose her
baby because of what happened ?
Mr. Cald\vell. He expressed concern that there was a possibility
she would lose it.
Mr. Kennedy. For what reason do you think your automobile was
dynamited ?
Mr. Caldwell. The only reason I could guess would be that they
did not want me to work. In fact, I never was approached by any
union official whatsoever. Other than that, that is the only reason it
could be.
Mr. Kennedy. What do you think the reason was?
Mr. Caldwell. I would not have the slightest idea.
Mr. Kennedy. What was the reason you think your automobile was
blown up ? That is what I am trying to get from you. I could not
luiderstand your answer. What reason do you think dynamite was
put under your automobile ?
7148 IMPROPER ACTIVITIEiS IK THE LABOR FIELD
Mr. Cald^^t:ll. I imagine so to make me and the other three drivers
that had not joined, to make us join.
Mr. Kennedy. To make you join the union ?
Mr. Caldwt^ll. Yes.
Mr. Kennedy. Did you see anything on the day prior to the dyna-
miting? Did anything occur around your home that made you
suspicious ?
Mr. Caldwell. Yes, sir. On Thursday before the dynamiting this
Mr. Payne, I presume, I think it was his car, it had set on the picket
line.
Mr. Ivennedy. He is the business agent of the teamsters ?
Mr. Caldwell. Yes.
Mr. Kennedy. He was in charge of the f)icket line in front of your
company ?
Mr. Cald^vell. I presume so. This car and two of them, the truck
drivers that were on strike, came down the highway. I pulled into
my mother's store which is approximately 300 feet from the house.
They made this loop.
Mr. Kennedy. What ?
Mr. Caldwell. They made this loop and come back of my house and
stopped in front of my house. One of the boys that was in the car
had his arm out the window pointing to where my car sat.
Mr. Kennedy. So the day before the explosion took place, Mr.
Payne, who is secretary-treasurer of the teamsters, had been active
in the picket line, came in a car and circled around and they parked
and then an individual who was one of those that was on strike put
his finger out the window and pointed to the place where your car was ;
is that right ?
Mr. Caldwell. I don't know for sure whether it was Payne or not,
but I do know it was one of the boys who was on strike.
Mr. Kennedy. You did recognize one of the fellows that was on
strike?
Mr. Caldwell. Yes, sir.
Mr. Kennedy. And you recognized, as I understand it, the car as
being Mr. Payne's car.
Mr. Caldwell. Yes, sir.
Mr. Kennedy. Although you do not know whether it was him, you
recognized the car as his ?
Mr. Caldwell. I recognized the car as being the one that set on
the picket line during the week. It set there all week long.
Mr. Kennedy. The following night after that occurred, your car
was dynamited ?
Mr. Caldwell. Right.
Mr. Kennedy. Were you interviewed that night by the police?
Mr. Caldwell. No ; when I got home there was only one there. He
3 ust said it was a terrible thing. That is all.
Mr. Kennedy. Did you ever healr again ?
Mr. Caldwell. No,^sir ; I went to Attorney Clements' office on Sat-
urday morning. He just passed it back. Other than that that is the
last I heard of it.
The Chairman. Was he the prosecuting attorney or district
attorney ?
Mr. Caldwell. I don't know.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7149
Mr. Kennedy. He is the prosecuting attorney, though, the district
attorney in that district ; is he not ?
]Mr. Caldwell. I believe he is.
Senator Curtis. You say you went to talk to him ?
Mr. Caldwell. Yes, sir.
Senator Curtis. "Wliat did you say to him ?
Mr. Caldwell. Probably what I have said to you.
Senator Curtis. You told him what happened ?
Mr. Caldwell. Yes.
Senator Curtis. What did he say to you ?
Mr. Caldwell. Nothing.
Senator Curtis. Did he take your statement in writing ?
Mr. Caldwell. Yes, sir.
Senator Curtis. Did he ever call you back ?
Mr. Caldwell. No, sir.
Senator Curtis. He made no observation about the case at all
that you remember?
Mr. Cald\\t5ll. No, sir.
The Chairman. Were you ever called before a grand jury?
Mr. Caldwell. No, sir.
Senator Curtis. Now, there was a police officer at the scene of
the dynamiting when you arrived home ?
Mr. Caldwell. Yes. sir.
Senator Curtis. Did he talk to you ?
Mr. Caldwell. No, no more than say it was a terrible thing. That
was all.
Senator Curtis. He never took your statement ?
Mr. Caldwell. No, sir.
Senator Curtis. He never asked you about seeing this car that you
identified as one that was near the picket line having some occupants
who pointed out your car ?
Mr. Caldwell. No. All he told me was that they had to pick up
these three boys that was on strike, that was all.
Senator Curtis. You do not know whether they picked them up or
not?
Mr. Caldwell. I don't know for sure, but I had heard that they
did. But they did not hold them. I mean they held them a day,
I think was all.
Senator Curtis. Were you reimbursed for your loss of car by
anyone ?
Mr. Caldwell. Well, my boss took it upon himself and bought me
an automobile.
Mr. Kennedy. Was your automobile insured ?
Mr. Caldwell. It had fire and theft on it, but it was not paid for.
Mr. Kennedy. But your insurance premium for fire and theft was
paid?
Mr. Caldwell. I imagine it was.
Mr. Kennedy. Did tlie insurance company pay you for the car?
Mr. Caldwell. No, sir.
Mr. Kennedy. Why not?
Mr. Caldwell. I don't know.
Mr. Kennedy. Did they give you a reason ?
Mr. Caldwell. They said it did not cover dynamiting.
7150 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Kennedy. Your insurance policy covered only fire and theft,
and therefore did not cover dynamiting, is that right?
Mr. Caldwell. That is right.
Mr. Kennedy. Did you have some medical bills for your wife?
Mr. Caldwell. Yes, sir ; I had quite a few.
Mr. Kennedy. Because of what occurred?
Mr. Caldwell. Yes, sir.
Mr. Kennedy. How much did they amount to, approximately ?
Mr. Caldwell. Approximately, around $300. Of course, she was
in the hospital before the baby was born, which my insurance would
not cover, two times prior.
Mr. Kennedy. So, she was in the hospital a couple of times. In
addition, you had $300 worth of medical expense at home, and how
much was your automobile worth?
Mr. Caldwell. I paid $850 for it.
Mr. Kennedy. It was a total loss ?
Mr. Caldwell. Yes, sir.
The Chairman. Is there anything further? If not, the commit-
tee will stand in recess until 2 o'clock.
(Members present at the taking of the recess were Senators Mc-
Clellan and Curtis.)
( Wliereupon, at 12 : 15 p. m., a recess was taken until 2 p. m. the
same day.)
atter recess
(Members present at the convening of the session were Senators
McClellan and Curtis.)
The Chairman, The committee will come to order.
Call the next witness.
Mr. Kennedy. Sam Peters, please.
The Chairman. Will you be sworn ? You do solemnly swear that
the evidence you shall give before this Senate select committee shall
be the truth, the whole truth, and nothing but the truth, so help you
God?
Mr. Peters. I do.
TESTIMONY OF SAM PETEES
The Chairman. Be seated over here. State your name, your place
of residence, and your business or occupation, please, sir.
Mr. Peters. Sam Peters, Sardis, Ohio. I am a storekeeper.
The Chairman. Mr. Peters, do you waive the right of counsel
while you testify ?
Mr. Peters. Yes, sir.
The Chairman. Thank you very much. Proceed, Mr. Kennedy.
Mr. Kennedy. Mr. Peters, for a period of time you lived in Ten-
nessee and were a member of the teamsters union ?
Mr. Peters. Yes, sir.
Mr. I^NNEDY. That was what year?
Mr. Peters. From March 1953, and I was a member until 1956,
through 1956.
Mr. Kennedy. During that period of time, did you act as an
organizer ? Did you work in organizational work ?
Mr. Peters. Yes, sir.
IMPROPER ACTIVITIES EST THE LABOR FIEiLD 7151
Mr. Kennedy. Were you associated in that work with Mr. W. A.
Smith?
Mr. Peters. Yes, sir.
Mr. Peters. And Mr. Perry Canaday ? Is that right ?
Mr. Peters. Yes, sir.
Mr. Kennedy. By whom were you originally hired ?
Mr. Peters. I was never hired, sir. I never was on the payroll of
the union.
Mr. Kennedy. Your expenses were paid ?
Mr. Peters. One time only, sir.
Mr. Kennedy. Is that when you went over to North Carolina ?
Mr. Peters. Yes.
Mr. Kennedy. And you did some work over in North Carolina ?
Mr. Peters. Yes.
Mr. Kjjnnedy. What period of time was that, that you were work-
ing over there ?
Mr. Peters. That was sometime the first part of December 1954.
Mr. Kennedy. 'Wlio sent you over to North Carolina ?
Mr. Peters. Don Vestal.
Mr. Kennedy. What position does he hold ?
Mr. Peters. He is president of the local in Nashville.
Mr. Kennedy. That is local 327 ; is that right ?
Mr. Peters. Yes.
Mr. Kennedy. Under him was working W. A. Smith, who was the
business agent ; is that right ?
Mr. Peters. Yes.
Mr. Kennedy. Canaday was a business agent, also, of local 327?
Mr. Peters. Yes.
Mr. Kennedy. Now, when you came back to Tennessee, did Mr.
Smith approach you about taking part in any violence ?
Mr. Peters. No, sir. He did not approach me. I came back from
North Carolina to Nashville with the intention of going back to North
Carolina in 2 or 3 days, and W. A. Smith and a man by the name of
Marston, I went back with them.
Mr. Kennedy. That is Bobby Marston ?
Mr. Peters. Yes.
Mr. Kennedy. He is a member of local 327 ?
Mr. Peters. Yes.
Mr. Kennedy. He went back to North Carolina ?
Mr. Peters. Yes.
Mr. Kennedy. Did you understand there was any violence that took
place in North Carolina while you were over there ?
Mr. Peters. Not in the State of North Carolina, sir. I don't think
while I was there.
Mr. Kennedy. Did you take part in any when you came back into
Tennessee a second time ?
Mr. Peters. Yes, sir.
Mr. Kennedy. Did you take part with Mr. Smith and Mr. Canaday
in the siruping of trucks ?
Mr. Peters. I don't think Mr. Canaday was there, sir.
Mr. Kennedy. Was Mr. Smith ?
Mr. Peters. I think Mr. Smith, Mr. Marston, and some representa-
tives out of Charlotte, N. C, local there. There were maybe 5 or 6 or
7 people in the 2 cars.
7152 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Kennedy. You know Mr. Smith was there ?
Mr. Peters. Yes.
Mr. Kennedy. How many different occasions did this occur, the
siruping of trucks ?
Mr. Peters. Once in Newport, Tenn.
Mr. Kennedy. What company ?
Mr. Peters. The Tennessee-Carolina Transportation.
Mr. Kennedy. Did you take part in that ?
Mr. Peters. No, sir; I was in the automobile when the siruping
was done.
Mr. Kennedy. You did not actually do the siruping, but you drove
the automobile ?
Mr. Peters. No, sir; I was not driving, either. I was a passenger
in the car.
Mr. Kennedy. When was that, approximately ?
Mr. Peters. I think it was in December, the month of December
of 1954, sir. I don't remember the exact dates.
Mr. Kennedy. At whose direction was the siruping of these trucks
done ?
Mr. Peters. I would say W. A. Smith. I could not say definitely.
Mr. Kennedy. You were taking orders from him ?
Mr. Peters. Yes, sir.
Mr. Kennedy. And he was the business agent of 327 of the team-
sters. Now, the teamsters were having difficulty with this trucking
company at the time ?
Mr. Peters. Yes, sir.
Mr. Kennedy. They were striking them ; were they ?
Mr. Peters. Yes.
Mr. Kennedy. The siruping was done for that purpose, to cause
damage to this company that was on strike ; is that right ?
Mr. Peters. Yes, sir.
Mr. Kennedy. Do you know how many trucks were siruped ?
Mr. Peters. In that instance, one.
Mr. Kennedy. Just one truck ?
Mr. Peters. Yes.
Mr. Kennedy. Did you take part in any other ?
Mr. Peters. Yes.
Mr. Kennedy. Was anybody ever arrested in connection with that ?
Mr. Peters. Yes, sir ; I was.
Mr. Kennedy. Were you convicted ?
Mr. Peters. Yes, sir.
Mr. Kennedy. In connection with the siruping of that truck ?
Mr. Peters. Yes, sir.
Mr. Kennedy. Althouoh you had not taken any part in it ; is that
right?
Mr. Peters. I was in the automobile. I didn't have any active
part in it.
Mr. Kennedy. Was anybody else arrested other than yourself ?
Mr. Peters. No, sir.
Mr. Kennedy. Just yourself, and you were convicted ; is that right ?
Mr. Peters. Yes, sir.
Mr, Kennedy. And sent to jail ?
Mr. Peters. I was sentenced.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7153
Mr. Kennedy. Sentenced to 30 days ?
Mr. l^ETERS. Yes.
Mr. Kennedy. But you have not served that ?
Mr. Peters. No, sir.
Senator Curtis. Was anybody else arrested ?
Mr. Peters. No, sir.
Senator Curtis. Did the officers, after they arrested you, take your
statement and ask you what took phice ?
Mr. Peters. I never was asked any questions by any officers at all,
sir.
Senator Curtis. And you were never given a chance to state what
you were doing and what happened and what you saw and heard ?
Mr. Pi:ters. I received that opportunity at the trial, sir, but I de-
clined. I didn't say anything about it, who did it at that time.
Senator Curtis. Was it tried by jury ?
Mr. Peters. Yes, sir.
Senator Curtis. You mean that you did not take the witness
stand ?
Mr. Peters. Yes, sir ; I did take the witness stand.
Senator Curtis. Prior to that, did any law officer ever ask you for
your version of wliat happened on the date involved ?
Mr. Peters. No, sir.
Senator Curtis. To your knowledge, was anyone who did have part
in it arrested ?
Mr. Peters. No, sir.
Senator Curtis. Did any of the participants in this act ever talk
to you about going to trial ?
Mr. Peters. Yes, sir.
Senator Curtis. Who did ?
Mr. Peters. W. A. Smith.
Senator Curtis. What did he say to you ?
Mr. Peters. I cloir t remember the exact words of it, sir.
Senator Curtis. Give me tlie idea.
Mr. Peters. I guess I did the whole thing but not involve him in
it, I imagine, sir. That is what my interpretation of what the conserva-
tion would have been.
Senator Curtis. Is that a conversation where he suggested that or
wliere he requested it or wliere you were ordered to ?
Mr. Peters. I don't remember. That was a long time ago. That is
one thing I would like to forget.
Senator Curtis. You didn't have to serve your time ?
Mr. Peters. The case was ap])ealed, sir. I honestly don't know
the final disposition of it. I could not tell you. I haven't heard since
the case was appealed to the Supreme Court.
Senator Curtis. That is all.
Mr. Kennedy. But you were sentenced and fined at that time ?
Mr. Peters. Yes, sir.
Mr, Kennedy. And you did not pay the fine nor serve the sentence ?
Mr. Peters. No.
Mr. Kennedy. "Who represented you in that case ?
Mr. Peters. An attorney from Chattanooga, by the name of King.
Mr. Kennedy. Wlio obtained him for you ?
Mr. Peters. I didn't. I don't know what he was paid or who paid
him.
7154 IMPROPER ACTiyrriES in the labor field
Mr. Kennedy. You did not pay him yourself ?
Mr. Peters. No.
Mr. KJENNEDY. Do you know if he was paid by the teamsters ?
Mr. Peters. He was their attorney in labor matters.
Mr. Kennedy. He was the attorney for the teamsters ?
Mr. Peters. Yes, sir.
Mr. Kennedy. Did he recommend that you not take the stand ?
Mr. Peters. No, sir.
Mr. Kennedy. You just decided that on your own ?
Mr. Peters. I think I was put on the stand, if I remember right.
Mr. Kennedy. And refused to talk ?
Mr. Peters. No, sir, I didn't refuse to talk. I said I didn't do the
act, which I didn't. But I did not implicate anyone else in it.
Mr. Kennedy. Did they ask you about who else might be involved ?
Mr. Peters. I don't remember for sure if they did or not, Mr. Ken-
nedy. Most likely they did. In a trial of that sort I imagine they
would.
Senator Curtis. What is the name of that attorney ?
Mr. Peters. King, K-i-n-g.
Senator Curtis. Do you Imow his first name or initial ?
Mr. Peters. H. G.B.King.
Senator Curtis. And you did not pick him out ?
Mr. Peters. Well, sir, indirectly I guess I did. I knew of the man.
He is a good attorney and he was recommended to me and I guess I
would have been responsible for picking him out. There was also
another attorney from Newport, Tenn., by the name of Hurd. I don't
remember his first name.
Senator Curtis. But as a matter of ethics an attorney should not
consent to defending a man charged with an offense if there is any
obstruction in the way of his making an allout defense for you. Was
he interested in what might come out of this trial about some of these
other parties ?
Mr. Peters. I don't know, sir.
Senator Curtis. That is all.
The Chairman. Before we pass on to other incidents and interro-
gate you about them, in this instance, as I understand there were how
many actually who participated in the act ?
Mr. Peters. Two men.
The Chairman. Two beside you ?
Mr. Peters. There were either 5 or 6, it could have been 7 people, in
2 automobiles at the site, sir.
The Chairsian. In other words, you drove up there in two auto-
mobiles.
Mr. Peters. Yes, sir.
The Chairman. You were in one of them ?
Mr. Peters. Yes, sir.
The Chairman. You remained in the car ?
Mr. Peters. Yes, sir.
The Chairman. Some of the others remained in ?
Mr. Peters. Yes, sir.
The Chairman. Two men actually went out and poured the sirup in
the trucks, is that correct ?
Mr. Peters. Yes.
IMPROPER ACTIVITIES EST THE LABOR FIELD 7155
The Chairman. Do you know the two men that did it ?
Mr. Peters. I don't know if they did. I know which two got out of
the car.
The Chairman. Do you know the two that got out of the car ?
Mr. Peters. Yes, sir.
The Chairman. Did you testify to that at your trial ?
Mr. Peters. No, sir.
The Chairman. You were not asked ?
Mr. Peters. I imagine I was asked, sir, but I did not explain it out.
The Chairman. You were not seriously cross-examined then ?
Mr. Peters. Not too seriously, sir. I don't know.
The Chairman. You thought you got off pretty light. I mean in
the cross-examination.
Mr. Peters. Yes, sir, fairly light, sir. Yes, sir.
The Chairman. Was it arranged for you to be the "fall guy" in
this instance, let you be arrested and take the blame for all of them
if you happened to get convicted ? Is that the understanding ?
Mr. Peters. No, sir; I didn't have any plans for being convicted
on it.
The Chairman. You did not have any plans to be convicted ?
Mr. Peters. No, sir; I didn't do it and I sure didn't want to be
convicted on it.
The Chairman. Do you know why the others were not arrested?
Mr. Peters. I think the reason that I was arrested for that, sir,
there was an investigation carried on for about 6 months after that.
During a period of about 6 months. The next thing I heard about
it, I think was in June of 1955, I was arrested for that. I went up
once for arraignment. I pleaded not guilty and went back for trial.
I was the only one in the crowd that anyone that was there knew by
name.
The Chairman. They knew your name?
Mr. Peters. Yes, sir, and they didn't know anyone else.
The Chairman. The others had been imported in there from North
Carolina ; is that correct ?
Mr. Peters. Well, sir, that is about halfway between North Caro-
lina and Nashville.
The Chairman. Where were the others from ?
Mr. Peters. Charlotte, N. C.
The Chairman. Charlotte is not on the border at all.
Mr. Peters. No, sir. That is where the labor troubles originated,
in Charlotte.
The Chairman. Wliere was this plant located where the truck was
that was siruped.
Mr. Peters. In Newport, Tenn.
The Chairman. And the others that participated in it, now, as I
understand, were from North Carolina ?
Mr. Peters. Yes, sir.
The Chairman. How far is Newport from the border of North
Carolina ?
Mr. Peters. 10, maybe 15 miles.
The Chairman. I have been there. I know where it is. So they
brought them all the way from Charlotte ?
Mr. Peters. Yes, sir.
7156 IMPROPER ACTIVrTIE'S IN THE LABOR FIELD
The Chaieman". That is about 200 miles away, is it not, from
Newport ?
Mr. Peters. Close to it, yes, sir.
The Chairman. Close to 200 miles away from NeAvport, they
brought them from North Carolina down there to sirup the truck?
Mr. Peters. Yes, sir.
The Chairman. AVlien you were on the witness stand were you
asked about who else was in the crowd ?
Mr. Peters. Yes, sir.
The Chairman. Did you tell them ?
Mr. Peters. I told them two of the men, sir, and I declined, I didn't
say anything about Smith and Marston being in the crowd.
The Chairman. Smith was there ?
Mr. Peters. Yes, sir.
The Chairman. In one of the cars ?
Mr. Peters. Yes, sir.
The Chairman. In the crowd ?
Mr. Peters. Yes, sir.
The Chairman. You did not tell the jury that when you were tried ?
Mr. Peters. No, sir.
The Chairman. Why ? ^
Mr. Peters. I tried to find an explanation for that for about 2 or 3
years, sir.
The Chairman. Were you afraid of Smith? Is that the expla-
nation?
Mr. Peters. Well, I don't know I was afraid of him, in the sense of
being afraid of the man, but I don't guess I wanted to cross him or
something.
The Chairman. You guess you did not want to cross him ?
Senator Curtis. Is he one of the men that got out of the car ?
Mr. Peters. Yes, sir.
Senator Curtis. And is the other one you did not disclose the other
man that got out of the car ?
Mr. Peters. Yes.
The Chairman. You know the names of both of them. Smith was
one. ^Vlio was the other one ?
Mr. Peters. Marston.
The Chairman. Bobby Marston.
Mr. Peters. Yes.
The Chairman. They are the two that got out of the car ?
Mr. Peters. Yes, sir.
The Chairman. Did you see them go to the truck ?
Mr. Peters. No, sir ; I didn't see them. They went out of my sight
after they got out of the car.
The Chairman. You knew what you were there for ?
Mr. Peters. Yes, sir.
The Chairman. You knew the sirup was in the car ?
Mr. Peters. Yes, sir.
The Chairman. Did they take a can of sirup with them when they
left the car?
Mr. Peters. Yes, sir.
The Chairman. So you know if it was done at that time they were
bound to be the ones that did it ?
Mr. Peters. Yes, sir.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7157
Senator Curtis. How much sirup does it take for a truck %
Mr. Peters. I don't know actually what it does to it other than it
:stops them.
Senator Curtis. How big a container did he use ?
Mr. Peters. A quart.
Senator Curtis. Just a quart ?
Mr. Peters. Yes.
Senator Curtis, Where did they buy the stuff ?
]\Ir. Peters. In grocery stores.
Senator Curtis. Do you know where they bought it on this particu-
lar occasion?
Mr. Peters. No, sir, I know just a grocery store. I don't remember
actually where it was. It was either in Charlotte, maybe Asheville.
The Chairman. All right. Proceed to the next item.
Mr. Kennedy. That was one you participated in. Did you partici-
pate in the siruping of any other trucks %
Mr. Peters. Yes, sir.
Mr. Kennedy. What other company %
Mr. Peters. Johnson INIotor Line.
Mr. Kennedy. When was that, approximately ?
Mr. Peters. I guess that was in February or maybe March of 1955.
I don't remember the exact dates.
Mr. Kennedy. Tell us about that.
Mr. Peters. Yes, sir. Johnson was having some labor difficulties.
Mr. Kennedy. With 327 ?
Mr. Peters. Yes, sir. And they got sirup poured in one of their
trucks that I know of. I think it was in Monteagle, Tenn.
Mr. Kennedy. How did you participate in it?
Mr. Peters. I actually did the pouring that time.
Mr. Kennedy. How much did you pour in that ?
Mr. Peters. One quart.
Mr. Kennedy. Who were with you ?
Mr. Peters. W. A. Smith and Perry Cannady.
Mr. Kennedy. He was the business agent for 327 %
Mr. Peters. Yes.
Mr. Kennedy. At whose instructions or whose direction did you
pour that sirup in the truck ?
Mr. Peters. I guess W. A. Smith would have been.
Mr. Kennedy. Did you drive over there ?
Mr. Peters. Yes, sir.
Mr. Kennedy. Was it at night?
Mr. Peters. Yes, sir.
Senator Curtis. Do they put that in the same place you pour in oil ?
Mr. Peters. Yes, sir.
Senator Curtis. Who raised the hood this time ?
Mr. Peters. I don't remember, sir.
Senator Curtis. Have you ever been asked ?
Mr. Peters. Xo, sir. This is something the first time that anything
lias been said about that.
Senator Curtis. Never been arrested for that ?
Mr. Peters. No, sir.
Mr. Kennedy. Did you participate at all in any more sirupings ?
7158 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Peters. Yes, sir, two more times, one with Motorrent Corp.
and one with Tennessee-Carolina Transport.
Mr. Kennedy. What happened to Motorrent ?
Mr. Peters. The same thing that happened at Johnson.
Mr. Kennedy. Did you pour the sirup at that time ?
Mr. Peters. I don't remember whether I did or not.
Mr. ICennedy. Wlio were you with then ?
Mr. Peters. W. A. Smith.
Mr. KJENNEDY. How many trucks were siruped ?
Mr. Peters. One.
Mr. KJENNEDY. Were you there under his direction and supervision ?
Mr. Peters. I went with him, I imagine.
Mr. Kennedy. You did the pouring ?
Mr. Peters. I don't remember, sir, whether I did or not.
Mr. Kennedy. But only one truck was siruped at that time?
Mr. Peters. Yes, sir.
Mr. Kennedy. Do you know what period of time that was ?
Mr. Peters. That was approximately the same time of the Johnson
incident.
Mr. Kennedy. And the other one was Tennessee-Carolina again ?
Mr. Peters. Yes, sir.
Mr. KJENNEDY, Wlien was that ?
Mr. Peters. I think that was in January. It could have been in
December or January.
Mr. Kennedy. Where did that take place ?
Mr. Peters. In Nashville.
Mr. Kennedy. "Wlio was with you then ?
Mr. Peters. I know two people. There were some more, but I
don't know who they were.
Mr. Kennedy. Who were the two people that you know definitely
were there?
Mr. Peters. W. A. Smith and Perry Canaday.
Mr. Kennedy. How many trucks were siruped at that time?
Mr. Peters. I don't remember exactly how many, sir. It was sev-
eral of them.
Mr. Kj:nnedy. Did you participate yourself ?
Mr. Peters. Yes, sir ; I think I poured sirup in two trucks.
Mr. Kennedy. Wlio purchased the sirup ?
Mr. Peters. I think it was in the car in that instance when I got
in the car.
Mr. ICennedy. Were you ever present when any sirup was pur-
chased ?
Mr. Peters. Yes, sir.
Mr. Ivennedy. Wlien was that?
Mr. Peters. I bought the Motorrent sirup.
Mr. Kennedy. Were you ever questioned in connection with these
incidents ?
Mr. Peters. No, sir.
Mr. KJENNEDY. You never were?
Mr. Peters. No, sir.
Mr. Kennedy. No law-enforcement agency ever questioned you at
all?
Mr. Peters. No, sir.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7159
Mr. Kennedy. In addition to the siruping did you take j)art in any
of the breaking of windows ?
Mr. Peters. Yes, sir; two times.
Mr. IvENNEDY. How many times?
Mr. Peters. Twice.
Mr. Kennedy. And you were convicted once ; is that right ?
Mr. Peters. Yes, sir.
Mr. Kennedy. Will you tell us about that first ?
Mr. Peters. We broke 2 windows in 2 barbershops.
Mr. Kennedy. At whose instructions ?
Mr. Peters. Perry Canaday and myself. I don't think on that one
I could put any more blame on him than on me.
Mr. Kennedy. He was the business agent ?
Mr. Peters. Yes.
Mr. Kennedy. Why did you break the windows of the barbershop ?
They were having difficulties at the time ?
Mr. Peters. Yes, sir.
Mr. Kennedy. With the barbers union ?
Mr. Peters. Actually they were barbershops that did not belong to
the union. I don't think there were any difficulties at the time.
Mr. Kennedy. Do you know who made the suggestion that you go
break the windows ?
Mr. Peters. No, sir ; I don't.
Mr. Kennedy. Do you know how you happened to break the win-
dows?
Mr. Peters. That is another one of these things I have been trying
to figure out for 3 years, what was a good excuse for it, and I could
not think of any reason for something like that.
Mr. Kennedy. Do you know who gave the instructions that the
windows should be broken ?
Mr. Peters. No, sir ; I don't know for sure.
Mr. Kennedy. When was the second time you broke the windows ?
Mr. Peters. W. A. Smith and I broke one window.
Mr. Kennedy. When ?
Mr. Peters. It was some time prior to the other one. It was in a
3-month period there, sir.
Mr. Kennedy. Do you know why you did that ?
Mr. Peters. The same reason.
Mr. Kennedy. Did Mr. Smith tell you that he wanted a barbershop
window broken ?
Mr. Peters. I think possibly he did.
Mr. Kennedy. You would not just go around and break barbershop
windows if somebody didn't tell j^ou ?
Mr. Peters. There has to be a purpose for it.
Mr. Kennedy. Was that barbershop having difficulty with the miion
at the time ?
Mr. Peters. Yes, sir.
Mr. Kennedy. Were you ever questioned in connection with that ?
Mr. Peters. No, sir.
Mr. Kennedy. And you were with W. A. Smith ?
Mr. Peters. Yes.
Mr. Kennedy. Now, on the second incident when you were arrested
you were found guilty, were you ?
89330— 58— pt. 18 8
7160 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Peters. Yes, sir.
Mr. Kennedy. You were tried and found guilty ?
Mr. Peters. Yes, sir.
Mr. Kennedy. Did you serve time in prison ?
Mr. Peters. Yes, sir ; in jail.
Mr, Kennedy. You were sentenced to 6 months in jail ?
Mr. Peters. Yes, sir.
Mr. Kennedy. What jail did you serve ?
Mr. Peters. Davis County Workhouse.
Mr. Kennedy. Did you receive preferential treatment while in jail ?
Mr. Peters. Well, sir, any time there is not preferential but I didn't
have to go out on work gangs.
Mr. Kennedy. In comparison with the majority of other prisoners,
did you and Mr. Canaday receive preferential treatment while in that
jail?
Mr. Peters. 1 es, sir ; I guess you could say that because it was more
or less a blessing not to have to go out on those work gangs.
Mr. Kennedy. You were not made to go out ; is that right ?
Mr. Peters. Yes, sir.
Mr. Kennedy. Did Mr. Canaday explain to you why you didn't
have to go out with the other prisoners ? Were they breaking rocks ?
Mr. Peters. Yes.
Mr. Kennedy. Did he explain to you why you were not ?
Mr. Peters. He told me that somebody would keep us off them if it
was possible.
Mr. Kennedy. And that happened ; is that right ?
Mr. Peters. Yes, sir.
Mr. Kennedy. And you worked inside the prison ?
Mr. Peters. Yes, sir.
Mr. Kennedy. Now, while in jail did Mr. Canaday receive any
money from the teamsters union ?
Mr. Peters. I heard he did. I never did see any of the actual
money. I understood that he received some ; yes, sir.
Mr. Kennedy. He received the money from the teamsters while he
was in jail?
Mr. Peters. I understood he did. That is something I could not
prove.
Mr. Kennedy. Did you raise any question about his receiving
money ?
Mr. Peters. Yes, sir. I heard he was. I thought if he could, I
should, too.
Mr. Kennedy. Wliat were you told.
Mr. Peters. I was told I was not on the payroll of the union so they
could not put me on the payroll there.
Mr. Kennedy. Who told you that ?
Mr. Peters. It was one of the business agents. I don't remember
which one.
Mr. Kennedy. One of the business agents of the teamsters union ?
Mr. Peters. Yes, sir.
Mr. Kennedy. So you yourself and Mr. Canaday were sentenced
to jail for breaking windows in the barbership while that shop was
having trouble with the barbers union. You were sentenced to iail, you
received preferential treatment while in jail, and while in jail you
understood Mr. Canaday received money from the teamsters union.
IMPROPER ACTIVITIES IX THE LABOR FIELD 7161
Mr. Peters. I heard he did. I did not have anything to substan-
tiate that ; I just heard it.
Mr. Kennedy. You had an attorney ; did you not ?
Mr. Peters. Yes, sir.
]\Ir. Kennedy. Who represented you in that case ?
Mr. Peters. Two attorneys. One of them represented us jointly,
and then I had another one from my liometown for me personally.
Mr. Kennedy. Who was the one that represented you jointly ?
Mr. Peters. Tom Osborne.
Mr. Kennedy. Did you pay him ?
Mr. Peters. Yes, sir.
Mr. Kennedy. You paid him yourself ?
Mr. Peters. Part of it I did.
]\Ir. Kennedy. What do you mean, part of it ?
Mr. Peters. He was attorney for both of us. I don't remember
how much of it I paid. I think I paid some of it, though, sir. I don't
remember how much. The other attorney was compensated by my
family.
The Chairman. We will suspend for 2 or 3 minutes so counsel can
receive a telephone call.
(Members present at the taking of the recess were Senators Mc-
Clellan and Curtis.)
The Chairman. We will now proceed.
Mr. Kennedy. By whom were you arrested in connection with the
breaking of the windows? Do you rember any incidents or circum-
stances about that ?
Mr. Peters. I think it was the sheriff of Davidson County, Tom
Cartright.
Mr. Kennedy. Do you know if that was after an investigation by
the police ?
Mr. Peters. Yes, sir.
Mr. Kennedy. Mr. Chairman, we have an affidavit bearing on that
and we would like to put it in the record and I do not believe the
witness has any firstliand knowledge regarding it.
The Chairman. The Chair will read into the record at this point
and the reporter can check it for accuracy when he transcribes it, an
affidavit from Paul E. Lever.
Do you know him ?
Mr. Peters. I think he was one of the county patrolmen that was
investigating that, sir.
The Chairman. All right, the Cliair will read the affidavit.
I, Paul E. Lever, who reside at 709 Stockell Street, Nashville, Tenn., freely
and voluntarily make the following statement to LaVern J. Duffy, who has
identified himself to me as a member of the staff of the United States Senate
Select Committee on Improper Activities in the Labor Management Field. No
threat, force, or duress has been used to induce me to make this statement,
nor have I received any promise of immunity from any consequences which may
result from submission of this statement to the aforementioned Senate select
committee.
Since the year 1952 I have been a patrolman working out of the sheriff's
office in Nashville, Tenn. I am 46 years of age and a native of Nashville, Tenn.
On April 9, 19.55, I was in my patrol car along with Patrolman Earl Crocker
in the vicinity of Eighth Avenue South in Nashville, when I was stopped by 4
young men in their teens at approximately 11 or 11 : 30 p. ra. in the evening. The
boys were excited and told us that they had just seen within the past few minutes
a couple of men in a car break some barbershop windows. The boys said they
7162 IMPROPER ACTIVITIES IN^ THE LABOR FIELD
were seated in their parl<ed automobile on Eighth Avenue South, a short distance
from Reed's barbershop, located at 1708 Eighth Avenue in Nashville when they
saw a yellow convertible automobile pull up in front of Reed's barbershop;
they saw some movement in the car and next they heard a noise like the breaking
of glass. They followed the yellow car up Eighth Avenue and when only a
few blocks from Reed's shop they saw this same yellow convertible parked in
front of Bradford's barbershop, located at 1010 Eighth Avenue South, in Nash-
ville. The boys stated they slowed their car up so they could get the license
number of the yellow car. The boys said they got the license-plate number
and kept repeating it as they proceeded on Eighth Avenue in search of a police
oflBcer.
Within a couple of minutes after the boys related their story to us we stopped
a yellow Oldsmobile convertible which was still in the vicinity of the barber-
shops where the windows had been broken. There were two occupants in the
car and they identified themselves as Perry Canaday and Sam Peters, of the
teamster union.
They denied that they had anything to do with breaking windows. When
we asked the boys if these were the 2 men seen at the 2 barbershops, the
boys replied that they were certain the yellow convertible was the same car,
but they did not see the 2 men who were in it well enough to identify them.
I released Cannady and Peters after the boys told me they could not identify
the men in the car, and also because there was a discrepancy in reference to the
license number on the car we stopped and the license number the boys gave us.
The license number the boys gave me was 1-I>-41776 and the car that we
stopped had a license number of l-D-14776. I also told the boys that I knew
Perry Cannady of the teamster union, and that I used to work with him and I
never knew him to do anything like this. The boys then drove off, and as far
as I was concerned the case was closed. I did not report the incident to the
police department nor file a report on the case.
I did hear later that somehow the proprietors of the barbershops where the
windows had been broken learned about the boys having some information about
the incident and that they did talk to the boys. I also know that Peters and
Cannady were convicted later for breaking the windows based on the testimony
of the boys.
I did not receive a reprimand from my superiors for handling of the case, the
sergeant and captain did tell me that if a case like this should occur again I
should call headquarters for advice.
I have read the foregoing statement, and to the best of my knowledge it is
true and correct.
(Signed) Paxil E. Lever.
Witnesses :
James McShane.
LaVern J. Duffy.
Sworn to and subscribed before me this 19th day of August 1957.
(Signed ) Robert D. Hall,
Chief Deputy Clerk, United States District Court, Nashville, Tenn.
The Chairman. Is that the kind of law enforcement they had down
there at that time ?
Mr. Peters. Evidently it was part of it.
The Chairman. It was part of the kind that they had ?
Mr. Peters. Yes, sir.
The Chairman. So, notwithstanding you were stopped with Cana-
day immediately afterward, and the boys identified the car you
were in, and he twisted or he took 4 and 1, and reversed them in the
license number, he looked you over, and he said, "Well, the case is
closed ; go ahead." Is that right ?
Mr. Peters. Yes, sir.
Senator Curtis. How long did Mr. Lever detain you and Canaday
that night?
Mr. Peters. Approximately 30 minutes.
Senator Curtis. Did he search the car ?
Mr. Peters. Yes, sir.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7163
Senator Curtis. Did lie find anything ?
Mr. Peters. No, sir.
Senator Curtis. The rocks were all gone ?
Mr. Peters. Yes, sir.
Senator Curtis. Did he ask you if you had broken those windows ?
Mr. Peters. They didn't say anything to me hardly at all. I think
that they talked to Cannady. They didn't say anything to me.
Senator Curtis. He knew Cannady ?
Mr. Peters. I understood he did ; yes, sir.
Senator Curtis. You were interrogated separately, then ?
Mr. Peters. Later we were.
Senator Curtis. I mean that night.
Mr. Peters. No, sir ; we were not interrogated at all.
Senator Curtis. Well, you were detained 30 minutes, and where
was this ?
Mr. Peters. On Eighth Avenue in Nashville.
Senator Curtis. Well, now, where were you when he was talking
to Canaday ?
Mr. Peters. I was standing in the near vicinity, and I was standing
there.
Senator Curtis. He did not ask you much of anything ?
Mr. Peters. Not too much, as I remember.
Senator Curtis. Did you overhear what he asked Canaday?
Mr. Peters. I don't remember, sir.
Senator Curtis. Did you overhear what Canaday said to him?
Mr. Peters. The biggest thing that was said, they looked at the
license number and it was not the number that the boys had given,
so they took us back up and the boys could not identify us as the
ones they saw that did this and the boys said they could not say
whether it was us or someone else. So we went on home.
That was about the biggest part of the conversation as I remember
it.
Senator Cubtis. Is this man Lever still working as an officer of
the law ?
Mr. Peters. I don't know.
Senator Curtis. I want to ask you, why were you breaking barber-
shop windows?
Mr. Peters. Sir, I think I said a few minutes ago. I have been
trying to find an explanation for about 7 things I did there in a
3- or 4-month period.
Senator Curtis. I am not talking about your individual conduct.
I am aware that you regret this, but why was anybody breaking
barbershop windows?
Mr. Peters. Because those barbers did not belong to the union,
I think, sir.
Senator Curtis. Does that give someone the right to break win-
dows?
Mr. Peters. No, sir ; it does not.
Senator Curtis. If someone does not belong to the church or a
fraternal organization that I would like to have him belong to, should
I go around and throw rocks in his windows ?
Mr. Peters. No, sir, I don't see any excuse for it or any reason at
all, now, and I can't think of any reason to use for when it happened.
7164 IMPROPER ACTIVITIES IN THE LABOR FIELD
Senator Curtis. When did you first know you were going to go
out and break barbershop windows ?
Mr. Peters. Early that evening.
Senator Curtis. Did you talk to anybody in the barber's union?
Mr. Peters. No, sir, just Canaday and myself.
Senator Curtis. Just Canaday ?
Mr, Peters. Yes, sir.
Senator Curtis. It was his scheme ?
Mr. Peters. Yes, sir.
Senator Curtis. You did not originate the idea of breaking barber-
shop windows?
Mr. Peters. No, sir, I don't think that I can get all of the blame
off myself, and I think that he said he was going to and I voluntarily
went with him, and he used no duress or anything to get me to go
with him.
Senator Curtis. Over how long a period of time did you know this
man Canaday ?
Mr. Peters. I knew him from other than to know just who he was,
from about the middle of November of 1954 up until the first of this
year.
Senator Curtis. Did you ever know him to carry a gun ?
Mr. Peters. I know that he had one and I don't know — it is possible
he might have carried it in his car and I don't think I have ever seen
him carry it on his person. ♦
Senator Curtis. It is possible he carried it in his car ?
Mr. Peters. Yes, sir, I know he owned one.
Senator Curtis. Did he ever refer to it in conversation ?
Mr. Peters. Yes, sir, I think that I have heard him speak of it.
Senator Curtis. Did he ever say what he used it for ?
Mr. Peters. No, sir.
Senator Curtis. You have never seen him use it ?
Mr. Peters. No, sir.
Senator Curtis. That is all.
Mr. Kennedy. You have spoken of the 3 or 4 instances siruping and
the 2 instances of breaking of the barbers' windows and did you also
participate in slashing of tires ?
Mr. Peters. Yes, sir, one time.
Mr. Kennedy. When was that ?
Mr. Peters. I don't remember.
Mr. Kennedy. Early in 1955 ?
Mr. Peters. Yes, early in 1955 and the B. and S. Motor Lines
and there were, I think — or I know that Smith was in the crowd and
I don't remember for sure if Cannady was or not, and I know or I
think there was five people, but I couldn't say for sure other than
myself and Smith. I don't remember if Cannady was in the crowd
or not.
Mr. Kennedy. At whose suggestion did you go along that time ?
Mr. Peters. W. A. Smith.
Mr. Kennedy. And the B. and S. Motor Co. was having difficul-
ties with the teamsters union at the time ?
Mr. Peters. Yes, sir.
Mr. Kennedy. How many tires did you slash ?
Mr. Peters. It was more than 2 or 8, but I don't know the extent.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7165
Mr. Kennedy. How did you slash them ?
Mr. Peters. They used knives on them and I didn't slash any of
them, and I was in the automobile.
Mr. Kennedy. You did not do any of it yourself ?
Mr. Peters. No, I was driving.
Mr. Kennedy. "Where was it ?
Mr. Peters. In Nashville.
Mr. Kennedy. At specifically where ; at their depot ?
Mr. Peters. I think it was at their depot ; yes, sir.
Mr. Kennedy. Now, has any representative of any law enforce-
ment group in Tennessee contacted you and questioned you about any
of these events ?
Mr. Peters. No, sir,
Mr. Kennedy. Has anybody questioned you or any representative
of any laAv-enforcement agency in Tennessee questioned you at all
about any information you may have had about W. A. Smith, or
Mr. Canaday?
]Mr. Peters. Yes, sir, one time, about the time we were arrested
for breaking the barbershop windows, and I declined to answer any
questions.
Mr. Kennedy. Other than that, have they ever questioned you ?
^h'. Peters. No, sir.
Mr. Kennedy. Since you have been out of prison and settled in
Ohio, they have not questioned you ?
Mr. Peters. No, sir.
Mr. Kennedy. So you have not been requested to give this infor-
mation that you have regarding these i:)eople who are still officials
of the teamsters union in Nashville, Tenn. ?
Mr. Peters. Yes, sir.
Mv. Kennedy. And no higher official of the teamsters union has
ever requested any of the information that you might have regarding
Mr. Cannady or Mr. Smith, is that right ?
]Mr. Peters. That is right.
Mr. Kennedy. Did Smith go by any other name, other than "\V. A.
Smith?
Mr. Peters. "Smitty."
Mr. Kennedy. Did he have a hearing aid ?
Mr. Peters. Yes, he had a hearing aid. The newspapers referred
to him once or twice as "Dummy" but I don't think anybody that
knew him would call him that to his face.
Senator Curtis. Your life has been considerably scarred by the
fact that you fell in with such people as Canaday and these other
teamster leaders, has it not ?
Mv. Peters. Yes, sir.
Senator Curtis. As you look at it now, you would have been hap-
pier if you had never met any of them ?
Mr. Peters. Yes, sir, I would have been many times happier and
it has caused me more than you can imagine, I think.
Senator Curtis. That is true of other people, is it not ?
Mr. Peters. Yes, sir.
Senator Curtis. And you would have been better off if you had
been in a community that in the very first instance there had been
thorough and unbiased and vigorous law enforcement, would vou
not?
7166 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Peters. Yes, sir.
Senator Curtis. It would have brought these things to an end
sooner ; would it not ?
Mr. Peters. That is, since 1953 or 1954, it would have saved a lot
of people a lot of headaches and a lot of people trying to run businesses
a lot of money.
Senator Curtis. I agree with you. I think the responsibility is
right on local officials for tolerating a gangster war like this.
Mr. Kennedy. Even the case in which you were convicted was
actually solved through the efforts of the employers themselves ; isn't
that right?
Mr. Peters. Yes, sir; those and the attorney general's office.
Mr. Kennedy. Now, Mr. Chairman, I would like to say in connec-
tion with this witness, that we have contacted his employer and told
him of his cooperation with the committee and he has been of help
and assistance to the committee since the beginning of this investiga-
tion and he has assured us that he will be retained in his present
position as he has changed his life and he is trying to make a complete
reformation.
We have an affidavit here, in connection with Mr. Canaday receiv-
ing money from the teamsters while in prison with him.
The Chairman. Without reading it, I am going to insert it in the
record at this point. This is from William Rowland Canaday, the
brother of Perry Canaday. It can be inserted in the record at this
point as a part of the evidence.
I, William Rowland Canaday, who resides at 110 28th Avenue, South, Nash-
ville, Tenn., freely and voluntarily make the following statement to LaVern J.
Duffy, who has identified himself to me as a member of the staff of the United
States Senate Select Committee on Improper Activities in the Labor Manage-
ment Field. No threats, force, or duress has been used to induce me to make
this statement, nor have I received any promise of immunity from any conse-
quences which may result from submission of this statement to the aforemen-
tioned Senate select committee :
I am a brother of Perry Hartman Canaday, who is a business agent for local
327, teamsters union, Nashville, Tenn. For the past 10 years I have been a
member of the teamster local here in Nashville, and I am currently employed
as a warehouseman at the T. I. M. E. Trucking Co., Inc., here in Nashville,
Tenn.
On July 24, 1956, my brother. Perry Canaday, was convicted for breaking
windows of a nonunion barbershop in Nashville, Tenn., and sentenced to the
Davidson County Workhouse for a period of 6 months.
Shortly after my brother. Perry Canaday, was confined to the workhouse,
I visited him. At that time he requested me to stop by the teamsters office
in Nashville and pick up some money for him, and after I received the money
I was to turn it over to his wife, Nora A. Canaday, who resides at Joseph
Avenue, East Nashville, Tenn.
Following his instructions I visited the teamster headquarters building and
talked with Ed Smith, secretary-treasurer of the local. I asked Mr. Smith if
he had any money for my brother. Perry Canaday. Mr. Smith advised me to
return in a day or two : in a couple of days I did return to his office and he handed
to me an envelope containing in the neighborhood of $200 in cash. He did not
give me any instructions as to what disposition I was to make of this money.
Shortly thereafter I handed the money over to Perry Canaday's wife, Nora A.
Canaday. Each month, subsequently, during the period of my brother Perry's
confinement in the workhouse, I visited the teamster headquarters and was
handed by Ed Smith an envelope containing cash. The amount that I received
on each one of these visits always was in the neighborhood of $200 with the
exception of the amount that was handed to me at Christmas when an additional
$50 was enclosed in the envelope. On my visits to the teamster headquarters, I
IMPROPER ACTIVITIES IN THE LABOR FIELD 7167
sometimes talked to Don Vestal, president of the local, in reference to the money
for my brother; however, Ed Smith was always the one who handed me the
envelope containing the cash.
At no time during the period that I received this money from the teamsters
union did I hand this money over personally to my brother, Perry ; I always
handed the money over to his wife, Nora Canaday.
I might add when I first visited my brother in the workhouse be told me it
was against regulation for him to have in his possession a large amount of
money. Thus, he told me when I received the money to hand it over to his wife,
which I did.
I have read the foregoing statement, and to the best of my knowledge it is true
and correct.
(Signed) William Roland Canaday.
"Witnesses :
LaVern J. Duffy.
Lucy C. Terrell.
Sworn to and subscribed before me this 6th day of August 1957.
( Signed) Nettie F. Kuisey, Notary Public.
My commission expires November 27, 1960.
Mr. Kennedy. This reflects, Mr. Chairman, that Mr. Canaday was
paid by the teamsters union while he was in jail for the throwing of
the rocks through the barbershop windows.
The Chairman. Mr. Peters, the Chair made some observations when
the previous witness left the stand this morning. I think there is just
as much obligation and certainly it is much more pleasant when the
man comes before this committee or a witness comes before this com-
mittee and tells the truth and tells what he knows and when he has
done wrong, admits it.
I think we ought to be just as quick or quicker to praise and com-
mend people for doing right as we are to condemn people who do
wrong. You have the thanks of this committee, and I think that you
have the thanks and the appreciation of all good, decent citizens in
this country.
You made a mistake and you have repented of it and you regret it
and you want to live a life now that is exemplary and that will show
that you have seen the error of your ways and that you want to do
right and have the respect and esteem of your fellow men.
I commend you highly and I thank you.
Mr. Peters. Thank you very much, sir.
Mr. Kennedy. I would like to recall Mrs. Freels back on the stand.
TESTIMONY OF MRS. LOLA FREELS— Resumed
The Chairman. Mr. Kennedy, you may proceed.
Mrs. Freels has been previously sworn and identified.
Mr. Kennedy. Now, Mrs. Freels, you were testifying this morning
regarding a telephone conversation to Nashville when Mr. Reynolds
was having some difficulty with Mr. Evans of his union. There was
a telephone call made to Nashville, Tenn., and thereafter, a stranger
arrived on the scene and came into the headquarters in Knoxville; is
that correct ?
Mrs. Freels. That is right.
Mr. Kennedy. He came into the headquarters in Knoxville with
Mr. W.A.Smith?
Mrs. Freels. Yes, sir.
7168 IMPROPER ACTIVITIEIS IN THE LABOR FIELD
Mr. Kennedy. Now, could you tell us, did you see him around tlie
ofl&ce much that day ?
Mrs. Freels. Yes, sir, he sat in the office with me and in fact he sat
in the corner and of course there wasn't anybody in there but just
this boy and I. I talked to him and I believe he discussed a few
things about his child or his children, and I don't remember whether
there was 1 or 2.
I wondered why he came in with "Hard-of -Hearing" Smith and I
believe Mr. Smith introduced him to me, but not by the name of Ellis.
It was another name that I don't recall.
Mr. Kennedy. Was it ever explained to you as to why he was staying
in the office ?
Mrs. Freels. No, sir.
Mr. Kennedy. That he was there to see anybody; did you ever
have that explained to you ?
Mrs. Freels. No, sir ; not that day.
Mr. Kennedy. Did you subsequently ?
Mrs. Freels. I found out the following day, Mr. Evans came to the
window and his eyes were all blackened and his nose looked like it
was broken and so I was sympathizing with him and I thought, well
what happened to him.
I asked Mr. Evans what happened and he said that his wife beat
him or something. But she was such a small, little lady that I didn't
believe that. I studied about it, and so he said, "Lola, was there a
stranger in town yesterday from Nashville or anywhere?''
And at that moment it just did not register with me that he was
talking about this particular boy and I said, "No, not that I know of,
Eugene.'' And then, after I looked down at the floor a minute, I said,
"Yes ; there was a boy in here, but I don't know what he was here for.
I don't know his name, but he was a blond-headed fellow and he is
sort of the athletic type."
And he said, "Well, that is the one that hit me when I got off the bus."
I said, "Well, did you hit him back?" and he said, "No; he knocked me
down and he stomped me, and I didn't realize what was ha]3pening."
And he told me something about there was a car waiting and this boy
got into the car and he drove off.
Mr. Kennedy. Now, did you recognize the gentleman here this
morning who testified ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. And he refused to answer qliestions.
Mrs. Freels. Yes, sir.
Mr. Kennedy. Did you identify him as the same individual that
came to your office that day ?
Mrs. Freels. Yes, sir; he has lost a little weight since then.
Mr. Kennedy. He has lost a little weight ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. But it was the same individual ?
Mrs. Freels. Yes, sir.
]Mr. Kennedy. There is no question in your mind about that ?
Mrs. Freels. No.
^Ir. Kennedy. Did you in fact pick him out in the hallway prior
to coming in here this morning?
Mrs. Freels. Yes, sir.
IMPROPER ACTIVITIES IX THE LABOR FIELD 7169
]\Ir. Kennedy. As tlie same individual that came in and sat in your
office and who was later identified through a physical description by
Mr. Evans as the individual who had beaten him up ?
Mrs. Freels. Yes, sir ; that is rio-ht.
Mr. Kennedy. Now, Mrs. Freels, we have also had some testimony
before the committee regarding the siruping of trucks. Did you ever
hear any conversations regarding that matter in your office? Was
there any conversation regarding the siruping of trucks with com-
panies with whom the union was having a dispute ?
Mrs. Freels. Yes, sir. I heard something about Huber & Huber
Motor Express.
Mr. Kennedy. That was a strike that was taking place in Knoxville,
in 1955?
]Mrs. Freels. I can't give you the date on that, but it was the time
that Robert Evans was fired.
Mr. Kennedy. I believe it was about August of 1955, but would you
tell us what happened and we will have the date in a few minutes.
But would you tell us what conversation you overheard regarding the
siruping of the trucks of Huber & Huber ?
Mrs. Freels. I know Mr. Evans was terminating and the union went
through different channels to try to get him back and they could not
persuade the company to take him back. I know that the business
agents contacted Mr. Clint Huff.
Mr. Kennedy. I am interested in the siruping aspect of it. Could
3^ou give us that ?
Mrs. Freels. Well, Mr. Perry, Charles Perry and W. J. Reynolds
were in the office one afternoon discussing that they had to go out on a
little trip that night and that they had to put some sirup in some
trucks and the discussion was, I don't remember everything in detail,
but the conversation was that Mr. Reynolds would stay in the restau-
rant and talk to the drivers while the sirup was being poured into
the place where the oil is.
Pie said something about that would give the truck a chance to run
until it would stop for a little while, and then it wouldn't run any
more.
Mr. Kennedy. Did you hear any other further conversations about
that incident? Did you have any conversations with Mr. Reynolds
himself about it ?
Mr. Freels. No; I was sort of feeling Mr. Perry out, after that,
and he said, "What do you know about that?" and I said, "Well, I
just know what Mr. Reynolds said," and he said, "If he doesn't keep
his big mouth shut, he is going to bet us both in the pen."
j\Ir. Kennedy. Mr. Reynolds told you in the first part that it was
his job to keep the drivers occupied in the conversation while the
other gentleman put the sirup in the trucks; is that right?
Mrs. Freels. That is right.
]\Ir. Kennedy. ^Mio was going to put the sirup in the trucks ?
Mrs. Freels. He didn't tell me.
Mr. Kennedy. But in the conversation you had with Mr. Payne,
who was a business agent, he said, if Mr. Reynolds doesn't keep his
mouth shut he will "get us both in the pen," is that right?
7170 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Kennedy. Now, Mr. Chairman, we have in that connection the
affidavits of two truck drivers who were engaged in conversation with
Mr. Keynolds at a restaurant, and an hour after they pulled out of
the restaurant they found that their trucks had been siruped.
Mr. Reynolds, according to their conversation, kept them in con-
versation during this period of time.
The Chairman. I will read the facts of the affidavit without the
formalities of it. This is an affidavit from Leon Mays. The entire
affidavit may be printed in the record at this point.
I, Leon Mays, 1210 East Louisiana Avenue, Knoxville, Tenn., telephone 2-7602,
freely and voluntarily make the following statement to James McShane who has
identified himself to me as a member of the staff of the United States Senate
Committee on Improper Activities in the Labor or Management Field. No
threat, force, or duress have been used to induce me to make this statement, nor
have I received any promise of immunity from any consequences which may
result from submission of the statement to the aforementioned Senate select
committee.
On or about August 30, 1955, I was working for Huber & Huber Trucking Co.,
Knoxville, Tenn., I made a stop at Grindstaff's, about 30 miles south of Knoxville,
to get a cup of coffee. After I had my coffee, I came out of the restaurant and
saw William J. Reynolds, business agents, Teamsters Union, Local 621, Knox-
ville, Tenn.
He was talking to another Huber driver. I saw his black Cadillac parked
nearby with an unknown man behind the steering wheel. I saw that Reynold's
Cadillac right rear tire was flat and told him so. He told me he was going to
Ox-Bo Restaurant and gas station which is about 4 miles down the road from
Grindstaff's to have it repaired. I told Reynolds it was closed and he might as
well change it now.
I got back into my truck and drove for about 1 hour when the truck sud-
denly bolted upward, in the middle of the road, and completely stopped. It had to
be towed away by a wrecker. Later on I was informed that the truck motor
had been siruped.
( Signed ) Leon Mays.
Witnesses :
James McShane.
Paris E. Holliert.
Sworn and subscribed to before me this 15th day of November 1957.
( Signed ) Isaac Green.
My commission expires April 23, 1960.
I, James Church, Route 3, Concord, Tenn., telephone 8-4513, freely and volun-
tarily make the following statement to James McShane who has identified him-
self to me as a member of the staff of the United States Select Committee on
Improper Activities in the Labor or Management Field. No threat, force, or
duress have been used to induce me to make this statement, nor have I received
any promise of immunity from any consequences which may result from sub-
mission of the statement to the aforementioned Senate select committee.
I have been employed by Huber & Huber for almost 7 years as a truckdriver.
On or about August 30, 1955, I was en route from Knoxville, Tenn., to Atlanta,
Ga., with a cargo. As is customary, I made a stop at Grindstaff's which is a
truck stop at Greenback, Tenn., about 30 miles south of Knoxville.
I parked the truck and went inside. I was the first trucker in the restaurant.
About 15 minutes later W. J. Reynolds, business agent, Teamsters Union Local
621, Knoxville, came in and sat down and started talking to me.
Shortly thereafter, some more Huber & Huber drivers came in and sat down
with us. Reynolds seemed to be doing most of the talking. After I got through
eating I left them and got into my truck and started.
At Choates Truck Stop, about 65 miles from Grindstaff's Drive-in, I made
another stop. When I came out I could not start my truck. Later on I learned
the truck had been siruped.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7171
Now, looking back at it, it seems to me that Reynolds was in there that
night for the purpose of keeping us there by entertaining us with stories.
(Signed) James Church.
Witnesses :
James McShane.
Paris E. Holliert.
Sworn and subscribed before me this 15th day of November 1957.
( Signed) Isaac Green, Notary Public.
My commission expires April 26, 1960.
Mr. Kennedy. Now, did you ever hear or know or have any infor-
mation re^jardrng the actual purchase of sirup ?
Mrs. Freels. Yes, sir. I had ; I believe I kept two bills, where sirup
was purchased at one of the stores in Knoxville.
Mr. Kennedy. That was in 1956 ?
Mrs. Freels I believe one was 1955.
Mr. Kennedy. One was 1955, and the other was 1956 ; is that right ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. On whose instructions did you make the purchases ?
Mrs. Freels. The bill was brought to me, and when I put it in petty
cash, I asked what the bill was for, and so I could put it down, and Mr.
Reynolds on the one in 1955, he made the statement that sirup was
bought, and I, in turn, checked with the store and found out it was
sirup.
Mr. Kennedy. How much was the sirup — how much per can ?
Mrs. Freels. Fof ty-five cents per half gallon.
Mr. Kennedy. Were there any other purchases made ?
Mrs. Freels. Yes, sir; 3 sugars and 5 pounds, and three 5-pound
bags.
Mr. Kennedy. They purchased the sugar and the sirup; is that
right?
Mrs. Freels. Yes, sir.
Mr. Kennedy. They purchased quite a number of these cans of
sirup ; is that correct ?
Mrs. Freels. Yes, sir ; I had the two bills to keep.
Mr. Kennedy. On the one purchase in 1955, they purchased quite
a number of cans of sirup ; did they ?
Mrs. Freels. Yes, sir.
The Chairman. The Chair hands you here a card or memorandum
with a cash-register ticket attached and asks you to examine them and
state if you identify them, and what they are.
Mrs. Freels. Yes, sir ; this is the bill for the sirup and the sugar.
The Chairman. AYliat does it total ?
Mrs. Freels. $8.22, including tax.
The Chairman. Who paid that bill ?
Mrs. Freels. It was paid out of petty cash.
The Chairman. By whom ?
Mrs. Freels. Well, I gave the money out.
The Chairman. You paid the money out of the petty cash to whom ?
Mrs. Freels. To Mr. Reynolds.
The Chairman. You gave the money to Mr. Reynolds ?
Mrs. Freels. Yes, sir.
The Chairman. That is what he turned in to get reimbursed out of
petty cash ?
Mrs. Freels. Yes.
7172 IMPROPER ACTIVITIES IN THE LABOR FIELD
The Chairman. That may be made exhibit No. 8.
(Document referred to was marked "Exhibit No. S" for reference
and will be found in the appendix on p. 7502.)
Mr. Kennedy. That was the teamsters' petty cash ; was it not ?
Mrs. Freels. Teamsters petty cash.
Mr, Kennedy. You said there was a second purchase in 1956 ?
Mrs. Freels. Yes, sir.
The Chairman. I hand you what appears to be a phostostatic copy
of cash expenditures for the month of August 1956 and ask you to
examine an item that has been indicated here in red, apparently on
the third day of the month, August 1956. The items total I believe
some $39.35.
Will you examine this document and state if you identify it and
also if you have any information regarding the item that is marked
in red.
Mrs. Freels. Yes, sir. The $5.35 was sirup. That is during the
time Newman-Pemberton was on strike. I don't have any informa-
tion that sirup was bought for the truck but assuming Newman &
Pemberton being on strike that is about the only place it could have
gone.
The Chairman. They did not serve any sirup down there to eat;
did they ?
Mrs. Freels. No, sir.
The Chairman. So it was not used there.
Mrs. Freels. No, sir.
The Chairman. All right. That item may be made exhibit No. 9.
( Document referred to was marked "Exhibit No. 9'' for reference
and may be found in the files of the select committee.)
The Chairman. The total amount of the item was $39.35; is that
correct 'i
Mrs. Freels. Thafs right.
The Chairman. I present to you now a photostatic copy of a check
dated August 3, 1956, made payable to cash in the amount of $39.35,
signed by W. J. Reynolds as president, and Hubert L. Payne, finan-
cial secretary and treasurer of chauffeurs, teamsters, and helpers,
local union No. 621, drawn on the Tennessee Valley Bank, Knoxville,
Tenn., and ask you to examine that photostatic copy and see if you
identify that check.
Mrs. Freels. This is the one for the sirup and the sick dues on Au-
gust 3.
The Chairman. That is in payment of the item entered in the cash
book ; is it not ?
Mrs. Freels. That's right.
The Chairman. That may be made exhibit No. 10.
(Document referred to was marked "Exhibit 10" for reference
and will be found in the appendix on p. 7503.)
The Chairman. By whom is tliat check endorsed on the back ?
Mrs. Freels. Teamsters local 621.
Mr. Kennedy. Now I want to ask you as a general proposition,
when the local in Knoxville was having difficulty, there was some ])rob-
lem, would it make any telephone calls to the locals in Nashville or
Chattanooga ?
Mrs. Freels. Yes, sir. If a company was out on strike they usually
stayed out a week or so. After that the local was not financially able
IMPROPER ACTIVITIES IN THE LABOR FIELD 7173
to support those men, to give them their wages, and they in turn
would call different locals and ask them to send somehody in to help
out on the strikes. Then after this would occur, after the people
would come in, whoever they called, you could always pick up the
paper the next morning or so and see where we had a violence.
Mr. Kennedy. So there would be a telephone call. There would be
some difficulty you would have with a company. A telephone call
would be made to the local in Nashville or the local in Chattanooga,
that 1, 2, or several individuals would come up there to Knoxville and
within 1 or 2 or several days you would have violence; is that right?
]\Irs. Freels. That's right.
Mr. Kennedy. That was a i^rocedure that followed invariably over
a ])eriod while you were with the teamsters union ?
Mrs. Freels. Yes, sir ; that's right.
"Siv. Kennedy. Who would be the person usuallv called in Nash-
ville?
Mrs. Freels. In Nashville, W. A. Smith, Hard Hearing Smithy.
Senator Curtis. Who would place the calls ?
Mrs. Freels. Sometimes I would ])lace the call.
Senator Curtis. Who would talk on them ?
Mrs. Freels. Mr. Reynolds or Mr. Payne.
Senator Curtis. Mr. Payne is secretary-treasurer ?
Mrs. Freels. Secretary-treasurer.
Senator Curtis. Mr. Eeynolds is the president ?
Mrs. Freels. President and business agent.
Senator Curtis. To your knowledge are they still the officers of
that union ?
Mrs. Freels. Mr. Payne is still there. Mr. Reynolds is not there.
Mr. Kennedy. Who Avould they get from Chattanooga ?
]\Irs. Freels. Glenn Smith.
IMr. Kennedy. What was his position in Chattanooga ?
]Mrs. Freels. It is my understanding he was a business agent there.
I think he came from Florida to Chattanooga.
Mr. Kennedy. According to our records he was business agent as
well as president of local 51.5 of Chattanooga.
Mrs. Freels. I think he was business agent.
Mr. Kennedy. And also president of the Teamsters Joint Council,
No. 87 ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. Would Glenn Sijiith come up to Knoxville and
would there be violence that would follow his arrival in Knoxville?
Mrs. Freels. Yes, sir, he would usually come in late in the after-
noon and usually the next morning we would see something in the
paper.
]Mr. Kennedy. Now specifically we had some testimony from a gen-
tlemen this morning, the last witness who testified this morning, re-
garding the dynamiting of his automobile which was outside his
home, with the result that his wife and children were thrown out of
bed and his wife suffered a great deal for a period of 4 or 5 months
following. Was there any discussion in the headquarters regard-
ing that matter of this car being dynamited belonging to this man
working for Purity Packing Co. ?
7174 IMPROPER AcnvrriE's in the labor field
Mrs. Freels. Yes, sir, I remember very distinctly, I mean this one
stays with me because Glenn W. Smith called on the telephone that
afternoon. I asked who was calling. He told me it was none of my
business — only he put another word in front of it. So I finally let
him talk to Mr. Payne, I was curious to know who was calling. So
he talked to Mr, Payne, They laughed and talked awhile. After he
finished I walked into Mr. Payne's office and asked him who was
calling. He said, "Lola, that was Glenn Smith from Chattanooga."
I told him what Mr. Smith said.
He said, "Aw, he was just kidding you. He didn't mean that."
Then I know the next day we were looking at the paper and saw
in there about this car being blown up. I said, "Well, that is a shame
they would blow up that poor boy's car. That's the only car he has."
Mr. Reynolds said : "Aw, the old car was not worth anything. He
didn't lose much,"
I said, "Yes? That car means as much to him as that Cadillac
means to you," So he sort of laughed about it.
I said, "I can't understand why people do such things." He said,
"Do you believe everything that comes out in the paper?"
I said, "Well, I believe just about all of it." I said, "Surely they
would not print something they shouldn't."
He said, "Now, that is not so about blowing the lady out of bed,
because I was so many feet away from there when it happened," and
he gave me the amount of feet, but the amount I don't remember.
He said, "I was so many feet away from there and I know that the
explosion wasn't hard enough to blow her out of the bed."
Mr. Kennedy. He told you that on the day following the dynamit-
ing; is that right?
Mrs. Freels. Yes, sir, after it came out in the paper.
The Chairman. This occurred last year?
Mrs. Freels. Yes, sir.
Mr. Kennedy. October 26, 1956,
The Chairman, I don't know. I doubt if the statute of limitations
has run against it. I am not familiar with the Tennessee law. Would
you be willing to testify before a jury in Tennessee just what you
testified here?
Mrs. Freels. Yes, sir.
The Chairman. Well, I think there will be a little bit of public
interest directed toward that area in Tennessee and the officials down
there to see what action they take after this testimony has become
known. You have never been interrogated about it, nobody down
there has ever tried to find out anything from you about what you
knew about it, have they?
Mrs. Freels, No, sir.
The Chairman. As Senator Curtis has said, and we all recognize,
the Federal Government cannot do everything in this field but if local
law-enforcement officers will do their duty instead of getting under
the thumb or heel, as it may be, of some of these racketeers, it would
stop a lot of this in the country.
Mrs. Freels. I heard the statement made in the office that the union
members there where I am from would endorse their candidates and
put them in office.
The Chairman. Would what?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7175
Mrs. Freels. Endorse their candidates and put them in office.
The Chairman. In other words, some political arrangement pre-
cedes this neglect of duty on the part of the officers.
Mrs. Freels. That is my understanding.
The Chairman. In other words, they get elected, they are under
obligation to the union so that they do not pursue the enforcement of
the law when the union is involved or its members. In other words,
the union, its racketeering element, its thugs, and the goons can feel
pretty free to go out in that area down there and beat up people,
blow up their cars, blow women out of their beds with dynamite, just
carry on a reign of terror, with almost complete immunity from arrest
or from prosecution. Is that the condition that prevails down there ?
Mrs. Freels. Seemingly.
The Chairman. Seemingly is it? That is the way it seems from
here, and you have been there, as you know.
Mrs. Freels. Yes, sir.
The Chairman. Thank you.
Mr. Kennedy. Now you have told about Glenn Smith from Chatta-
nooga coming up and this explosion in connection with this automo-
bile and the conversation Mr. Reynolds carried on.
What about W. A. Smith? Can you give us any instances where
he came from Nashville and there were explosions or dynamitings
that took place and thei-e was a conversation in the office of the team-
ster headquarters regarding that? What about in the warehouse
outside Nashville ? Can you tell us about that ?
Mrs. Freels. That was the Ajax Beer.
Mr. Kennedy. Ajax Beer?
Mrs. Freels. Ajax Beer Co. It is Ajax Beer Co. It was right
after we had moved to the location at 311 Morgan Street.
Mr. Kennedy. The teamsters were attempting to organize that at
the time?
Mrs. Freels. Yes, sir. They were trying to organize and the con-
versation was pro and con between Mr. Payne and Mr. Reynolds in
the office that if they couldn't organize the place that they would blow
them out of business.
Mr. Kennedy. Did anybody say that?
Mrs. Freels. Yes, sir; Mr, Reynolds.
Mr. Kennedy. He said if they could not organize the place they
would blow them out of business ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. Was there any specific conversation regarding this?
Mrs. Freels. I don't know what brought on the conversation but
Mr. Reynolds said something about they put some dynamite under the
building or in the building or somewhere, and said that they were
cruising down the highway when they heard the explosion. I said,
"Well, weren't you afraid they would stop you or something?" He
said, "No, we were driving along just like anybody else." He said.
"We didn't leave any evidence."
The Chairman. When was that dynamiting done ?
Mrs. Freels. It must have been in 1955, 1 believe.
The Chairman. I don't know the laws of the State of Tennessee
but I am quite confident it is a felony and I doubt if the statute of
89330— 5S—pt. ]8 9
7176 IMPROPER ACTIVITIES IN THE LABOR FIELD
limitations lias run against that offense. There is still a lot of work
for the law-enforcement officers to do in that area, as I see it.
INIr. Kennedy. Was there some conversation also regarding the
Robinson Freight Co.? Do you remember any conversation?
Mrs. Freels. Yes, sir. I know some tires were slashed there, but
I don't know who did that, and there was some conversation in the
office about one of the truck doors being slashed.
]Mr. Kennedy. Was there any conversation about the fact if they
didn't come around they would be given a little party ?
Mi-s. Freels. That was on Roddy Manufacturing Co.
Mr. Kennedy. Roddy Manufacturing Co. ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. R-o-d-d-y ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. What conversation took place in connection with
that?
Mrs. Freels. Those boys were out on strike. Of course, to get
them to come out the teamsters promised them this and that. Those
boys came out. So after they stayed out a certain length of time, they
call somebody in to help, and before they called, I believe they called
a Smith from Chattanooga. I don't know his given name, but he was
a dark-lieaded fellow.
Mr. Kennedy. That is another Smith, from Chattanooga.
Mrs. Freels. Yes, sir. Mr, Payne came to. the edge of my desk and
said "Well, we are going to have to give Old Man Roddy a little
party if he does not sign that letter of recognition." I believe it was
the folloAving day that this Mr. Smith came in from Chattanooga and
he went down ; of course he talked to ]Mr. Roddy's attorney and they
were old friends, and of course they signed the letter of recognition
up on the side of the building.
INIr. Kennedy. So it was all settled ; the party was not necesssary.
INIrs. Freels. That is right.
JMr. Kennedy. Did you ever hear them say they were going to give
any judges down there a little party if they started issuing these
injunctions?
Mrs. Freels. Yes, sir. Judge Dawson.
Mr. Kennedy. AATiy were they goin^ to give him a party ?
Mrs. Freels. Because he issued an injunction on tlie J. F. G. Cof-
fee Co.
Mr. Kennedy. AYlio said they were going to give him a party ?
Mrs. Freels. Mr. Payne made that statement at the edge of my
desk ; but he is the quiet one — he does not say much. I mean he can't
remember anything.
Mr. Kennedy. What do you understand was meant when they said
they were going to give these people parties.
Mrs. Freels. It meant one thing. After working with the team-
sters that long, even a parrot would know what they were talking
about. They would eventually catch on.
Mr. Kennedy. In your estimation, from the course of conversa-
tions you heard in the office, what was meant when they said they
were going to give these companies, individuals, judges, a party?
Mrs. Freels. It meant there was going to be a violence of some
kind, either beating, dynamiting, or tire slashing or something.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7177
Mr. Kennedy. In the Xewman-Pemberton strike in 1956, did you
also hear some conversations in the office regarding the dynamiting
of that company ?
Mrs. Freels. Yes, sir. The morning the paper came out, that morn-
ing Mr. Payne had the paper and he was hiughing about it, I believe
it was about part of the truck being in the tree, being up on some-
thing. He was laughing about it.
Mr. Kennedy. Did Mr. W. A. Smith come up the night before on
that?
Mrs. Freels. Yes, sir; he was in town. He was laughing about
that. He said, "Well, what is going to happen next ? We are going
to blow him sky high."
The Chairman. Did they blow a truck up in a tree, part of it?
Uvs. Freels. Part of it.
The Chairiman. It lodged up somewhere.
Mrs. Freels. It lodged up. I don't know whether it was on a tree
or a teleplione pole. Anyway, I said, "How can they do that and no-
body know anything about it?" Mr. Reynolds said, "Well, I don't
know. They had a night watchman down there, and they also had a
man on the picket line but neither one of them seemed to hear any-
thing or see anything."
]Mr. Kennedy. The incident you have told us occurred the day fol-
lowing the evening of the arrival of W. A. Smith in town; is that
right?
Mrs. Freels. \ es, sir.
Mr. Kennedy. This is another incident where Mr. Smith, either
W. A. or Glenn Smith, was called into town and violence occurred
shortly afterward.
]\Irs. Freels. That is right.
The Chairman. Where do they get their dynamite?
Mrs. Freels. The only thing I know, Mr. Eeynolds said they did
not buv it in the town.
The Chairman. Said what?
Mrs. Freels. Said they would not buy it in the city where they
were located. He said they went outside to another city somewhere
and purchased the dynamite.
The Chair:man. He did not tell you which city ?
Mrs. Freels. No, sir.
The Chairman. Or from whom they purchased ?
Mrs. Freels. No, sir.
The Chairman. I just wondered when the Smiths came to town
whether they brought a few sticks of dynamite along with them.
Mrs. Freels. I don't know.
Senator Cltrtis. Were there any financial transactions through your
petty-cash handlings or otherwise that involved the payment for
dynamite?
INIrs. Freels. Yes, sir ; there was one I remember, to Mr. Reynolds.
He was discussing this with Mr. Hubert L. Payne about buying some
dynamite and paying for it, and he was wanting his check. So Mr.
Payne says
Senator Curtis. Who had purchased it ?
Mrs. Freels. Mr. Reynolds. So I was listening because I wanted
to see who bought the dynamite and all about it. So I went to the
7178 IMPROPER ACTIVITIES IN THE LABOR FIELD
door and just as I started to get up, they closed the door but I still
could hear through the crack. So Mr. Payne said, "I don't remember
a thing about you buying any dynamite." He said, "It just slipped
my mind." But he said, "If you say you bought it, go on in there and
get your check." So Mr. Eeynolds came in where I was and said,
"Lola, write me a check." I said, "For what?" He said, "Well, some
dynamite I bought. I paid for it out of my own money." He said,
"That crazy Payne ; he does not seem to remember a thing."
I wrote the check, which was $50, and I asked him what he wanted
me to put down for it. He said, "Put organizing expenses on it."
The Chairman. Did you carry out the instructions ?
Mrs. Freels. You have to work with the teamsters local.
The Chairman. I understand. You did carry out instructions.
Mrs. Freels. Yes, sir.
The Chairman. Would you recognize the $50 check that you paid
and marked it for organizational expenses if you saw a photostatic
copy of it ?
Mrs. Freels. Yes, sir.
The Chairman, I present such a document to you for your identi-
fication-.
Mrs. Freels. Yes, sir ; this is the check that I wrote.
The Chairman. According to your information from Mr, Reyn-
olds to whom you made the check payable, that was a payment to
reimburse him for money he had spent to buy dynamite ?
Mrs. Freels, Yes, sir.
The Chairman, That check may be made exhibit No. 11.
(The document referred to was marked "Exhibit No. 11" for refer-
ence and may be found in the appendix on p. 7504.)
Senator Curtis. Did they get enough money there from local dues
to carry on all these things ?
Mrs. Freels. No, sir. We just had about 700, 1 would say approxi-
mately 700 to 800 members that we paid per capita tax on.
Senator Curtis. This is not a question for you to reply to, but
throughout all this testimony I cannot help but think of the many,
many individual truckdrivers and workers over the United States who
are not hoodlums and who are not criminals, who work at that to
support their families. I am thoroughly convinced that they are
unwilling contributors to enterprises like this, that they would not
willingly ])ay their money into an organization in order to carry on
such criminal activities. Their rights are being denied. They are
captives. They are victims of a system where someone has to support
this gangster activity in order to hold their job and make a living.
It is wrong and it is a responsibility that must be faced by everybody.
The Chairman. Do you have anything further, Mr. Kennedy ?
Mr. Kennedy. Yes, 1 have one otlier thing.
You left the union in 1956 ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. What were tlie circumstances under which you had
a falling out with the teamsters local ?
Mrs. Freels. Because the officeworkers put a picket line on the
teamsters local.
Mr. Kenndy. You were a member of the officeworkers union ?
Mrs. Freels. Yes, sir.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7179
Mr. Kennedy. And they began to picket the teamsters?
Mrs. Freels. Yes, sir. I still am a member as of this time. I don't
know how long I will be.
Mr. Kennedy. But they felt that the teamsters were engaging in
unfair practices with their ow^i employees; is that right?
Mrs. Freels. That's right.
Mr. Kennedy. And you went out on strike ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. And were they upset by the fact you were striking
against them and the officeworkers employees were striking?
' Mrs. Freels. Yes, sir, Mr. Payne came to my desk — well, I got fired
the night tlie picket line was put on.
Mr. Kennedy. For going out on strike ?
Mrs. Freels. Yes.
Mr. Kennedy. What did he tell you at that time ?
Mrs. Freels. Mr. Reynolds came out on the picket line. He said,
"Lola, you are finished with the teamsters. I would like you to turn
in your keys. You are fired." I said, "Thank you."' So I gave him
my keys.
So we walked the picket line that night. They called in their attor-
ney, Mr. Reynolds from Knoxville, for the teamsters. Of course, the
officeworkers met with their attorney. The attorney advised Mr.
Reynolds to put me back to work, but if he wanted to eventually get
rid of me he could.
Mr. Kennedy. What was the dispute between the officeworkers
union and the teamsters ?
Mrs. Freels. They brought a girl in from the Nashville local who
was on a withdrawal card and she was not a member of the office-
workers in Knoxville and she did not contact them. She would not
put her withdrawal card in, I mean, deposit her withdrawal card.
Mr. Kennedy. So they had broken their contract with the employees
union ; is that right ?
Mrs. Freels. Yes, sir. You see, according to our contract the team-
sters were supposed to call the officeworkers whenever they need a
girl, but the teamsters said they would hire whoever they wanted to
and work whoever they wanted to.
The Chairman. In that respect they do not practice what they
preach.
Mrs. Freels. No, sir. In fact, our contract expired in September
and it wasn't signed until I believe the day I left there. They signed
my contract and tlien got rid of me.
Senator Curtis. Did the teamsters union cooperate with any other
unions, assist other unions when they were having a strike or have a
cooperative arrangement with them in any way ?
Mrs. Freels. Yes, sir, if they had some gi'ocery store or something
on the unfair list they would call each local union there in town and
ask them to cooperate and to ask their members not to buy this
product.
Senator Curtis. The teamsters would make those calls ?
Mrs. Freels. Yes, sir.
Senator Curtis. What union would be involved with the store ; the
teamsters ?
Mrs. Freels. Yes, sir, the teamsters.
7180 IMPROPER ACTIVITIES IN THE LABOR FIELD
Senator Curtis. They would call other unions and ask them to assist
in boycotting the store ?
Mrs. Freels. Yes, sir.
Senator Curtis. What other unions would they call ?
Mrs. Freels. Well, we were in the same building with a lot of the
labor organizations, the laborers' local.
Senator Curtis. That is common laborers ?
Mrs. Freels. Yes, sir. And the millrights, the plasterers and
cement finishers were there. And the iron workers, the carpenters
local. They called just about everybody in town and asked them to
remember not to buy this particular item from different stores.
Senator Curtis. iDo you know any other union that appealed to the
teamsters and asked them for their help ?
Mrs, Freels. Not anybody in particular. On this Judge Dawson
that we were talking about, when he issued this injunction the Knox-
ville building trades in Knoxville was asked to call the representatives
from each local union and that they go and make an impression on
Judge Dawson and let him know that they had quite a few union
people that wouldn't stand for such a thing.
Senator Curtis. Who did he issue the injunction against? What
union ?
Mrs. Freels. The teamsters local.
Senator Curtis. ^^Hiose idea was that to impress the judge?
Mrs. Freels. That was Mr. Payne's idea. He said he thought if he
got a group of the representatives from different locals that they could
go up there and make this — I liave never seen Judge Dawson but his
expression was that they would make this old man quit issuing in-
junctions.
Senator Curtis. Did any unions agree to do that ?
Mrs. Freels. There were several of them that went that morning.
Senator Curtis. Do you know which ones were involved ?
Mrs. Freels. No, I don't.
Senator Curtis. Where did the barbers union fit into this picture?
Mrs. Freels. The barbers, I don't know anything about the barbers.
Mr. Kennedy. That is Nashville.
So you went out on strike. Did anybody say anything to you how
the teamsters felt about being struck by another union ?
JNIrs. Freels. Yes, sir. ]\Ir. Payne came to my desk and he said —
well, that was the next morning after I went back to work. They
agreed to take me back to work tliat night. The morning I went back
to work he said, ''Lola, for your information, the international is very
upset over the picket being put on the teamsters local," and he says,
"This will eventually get rid of you."
I said, "Well, they have to be shown one time or another."
Mr. Kennedy. You continued to work there for a period of time ?
Mrs. Freels. Yes, sir; the strike, I believe, was in September, and I
was terminated in November.
Mr. Kennedy. In November of 1956 ?
Mrs. Freels. Yes, sir; and after that statement was made my wages
were decreased, and I mean I have had a rough time of it since then.
Mr. Kennedy. After that your wages were decreased ?
Mrs. Freels. Yes, sir
IMPROPER ACTIVITIES IN THE LABOR FIELD 7181
Mr. Kennedy. From September to November, and finally you were
fired ; is that right ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. What reason did they give for firing you ?
Mrs. Freels. AVell, on my termination slip it said "Spreading false
rumors," I believe.
Mr. Kennedy. What was the situation in connection with that ?
Mrs. Freels. I was talking to one of the business agents wives, and
a lot of times if they were out late they would call me and ask we
where they were.
Mr. Kennedy. If the business agent was out late, their wives would
call you and ask you where they were ?
Mrs. Freels. Yes, sir. So on this particular one, Mrs. Payne
wanted to know if Mr. Payne was in a meeting that night, and I told
her I didn't know, I didn't think so, they didn't have anything sched-
uled. So I think they went all over town looking for him, and they
finally found him. He said he was in a lawyer's office, and, of course,
I don't know, but that was what he told me.
Also, Mrs. Vandergrif t was in this, too, and she was looking for her
husband.
INIr. Kennedy. Those were the false rumors ?
Mrs. Freels. So Mr. Payne got me out of bed and called me. My
father answered the phone about 12 oi- 1 o'clock that night, and got me
out of bed, and he said, "What did you tell my wife that I wasn't at a
meeting for ?" And I said, "Well, Payne, I didn't think you were, and
I didn't know you had a meeting scheduled.'' And he said, "Well, we
will see what we can do about this tomorrow."
So I went into the office, and I hated to go, but I did. I knew what
was coming. And I went on in, and as soon as I got in the door he
started, he and Mr. Yandergrift. So he said, well, if Mr. Eeynolds
didn't fire me, he would call ]\Ir. ]\Iendoza and have him fire me.
Mr. Kennedy. Who was he at the time? Was he international
organizer for the teamsters ?
Mrs. Freels. Mr. Mendoza came in, and that was during the time
the local was going under trusteeship, and so Mr. Mendoza came in
and, of course, I worked there a day or two, and he came to me about
4:30 one afternoon, and Payne and Yandergrift, in turn, told him
what happened. And so I called the officeworkers in, and it happened
that Mr. JMurtha knows the president of the officeworkers, and they
are good friends. I couldn't get anything done through them, so I,
in turn, contacted Kay Jenkins in Knoxville, and I thought that
something ought to be done. So he said, "Just wait awhile, Lola,
maybe everything will come out."
Mr. Kennedy. He was somebody who knows.
Mrs. Freels. So I explained everything to him, and he told me
to wait, and so I was fired about 4 : ?>b, and I gathered up everything
I had and I started to walk out and I thought, "Well, I will need a
separation notice," and so Mr. Mendoza was sitting there, and I said,
"Mr. Mendoza, may I have my separation notice?" And he said,
"Well, can't you wait a day or two?" And I said, "No, I would like
to have it now." And he said, "Well, I don't have any separation
forms." And I said, "I beg your pardon, you do have, and I have
some in my desk drawer."
7182 IMPROPER ACT'IVrTIES IN THE LABOR FIELD
So I got the separation notices out, and I said, "Here are the forms.
Now could I have my separation noticed' And he said, "Xo, I will
send it to you in a day or two, because I don't know what I am going
to put on it." And he said, "Why are you in such a hurry for it, and
why do you want it ?" So I was angry at that time, and I said, "Well,
I am going to take that out and see if I can't get that reward that is
going around in the paper," and, boy, he hit the ceiling then.
Mr, Kennedy. What was the reward for ?
Mrs. Freels. I don't remember.
Mr. Kennedy. For the dynamiting, or information on the dyna-
miting ?
Mrs. Freels. Yes, sir.
Mr. Kennedy. It was $15,000 reward at that time ; was it not?
Mrs. Freels. I don't remember the amount, but it was the first
thing that came in my mind. So I told him that, and I went out to
dinner that night and about 10 o'clock my mother received a call,
somebody wanting to see me. So she told them I would be in about
10 : 30, and at 10 : 30 I drove up in the driveway, and, of course, this
car was parked up from the house. As I got out of the car, this car
came driving up and it was Mr. Keynolds. He said, "Lola, get in
the car, I want to talk to you a minute." And I said, "Well, come
on in the house and we can talk better." And he said, "No, I want
you to sit out here." Of course, mother saw me come up and she came
to the window and she knew what had happened and everything that
had happened, and she was a little bit worried.
So she stayed there at the window, and I went to the window and
told her everything was all right, and so I sat down in the car with
Bill Reynolds. He told me that Mr. Mendoza had called him to the
hotel and asked him to come out and see me, and asked me not to say
anything that would probably get him put in the pen. He sat there
and talked a long time. He said, "Lola, I don't want you to say any-
thing about what has happened because I have got my wife and my
child to think about," ancl I said, "Well, Bill, if the teamsters have got
you in anything you ought to tell who has gotten you into it," but, I
said, "If they ever contact me I will go and I will tell just exactly
what I know," and I said, "If it hurts you or whoever it hurts it
should be stopped."
So I was contacted by the committee, and here I am.
Mr. Kennedy. Did Mr. Eeynolds say what Mr. Mendoza had prom-
ised him if he could stay out of the pen ?
Mrs. Freels. Yes ; Mr. Reynolds told me that night that Mr. Men-
doza told him that he would give him a good job in another local
union if he could stay out of the pen at least a year.
Mr. Kennedy. He was being removed from his job at that time?
Mrs. Freels. Yes, sir.
Mr. Kennedy. If he could stay out of the pen for a year, they would
give him a job in another local ?
Mrs. Freels. Give him a job in another local.
Mr. Kennedy. Do you know what Reynolds is doing now ?
Mrs. Freels. No, sir.
Mr. Kennedy. The year is not up yet. Didn't that happen about
1956, the end of 1956?
Mrs. Freels. Yes, sir.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7183
Mr. Kennedy. You have never been contacted by any of the hiw-
enf orcement agencies 'i
Mrs. Freels. No, sir.
Mr, Kennedy. Mr. Duffy and Mr. McShane were the first ones to
contact you ?
Mrs. Freels. Yes, sir,
Mr. Kennedy. Did you receive any threats regarding your testi-
mony ?
Mrs.
employed in another place, which is not union.
Mr. Kennedy. What did you hear ?
Mrs. Freels. I received two calls ; 1 guess it was about 2 days apart,
and it sounded like a man, and I am not sure. I don't know who it
was, but he sounded like a man with a gruff' sort of voice, and he said
"iSIrs, Freels, you had better keep your mouth shut," and it was real
deep, and I got so upset on my job 1 couldn't hardly do it. So I didn't
say anything to my boss about it, and he didn't know a thing in the
world about it until he was contacted about my coming here.
JNIr. Kennedy. Did he know you were upset at that time ?
Mrs. Freels. Yes, sir; he came over to me, and he said, "Mrs.
Freels, what is wrong?" And I said, "Oh, nothing," and I just kept
on working.
Mr. Kennedy. You didn't tell him until you were subpenaed to
appear before the committee ?
Mrs. Freels. No, sir.
Mr. Kennedy. That is all.
The Chairman. The Chair, on behalf of the committee, wishes to
thank you. If we had more people like this in the country who would
come forth with what they know and help expose this nefarious racket
that was going on, we could soon make this a better country. You
are to be highly commended, and if you get any other threat from any
source, pass that w^ord on to this committee at once. I do not know
what the local officials will do to give you protection, but they owe
it to you and they owe it to every decent, law-abiding citizen in this
country. They have to get on one side or the other, on the side of
law and order, and i)rotect human rights and property rights and
the lives and physical w^elfare of people and keep them from being
assaulted and maimed and crippled. Otherwise, we will soon have a
jungle in America.
"VVe have got to protect our civilization, and it is tragic, I think,
that we have to go to all of this trouble to try to protect it against the
characters and elements. I said "characters," They are low charac-
ters, if they have any character at all, that are engaging in these activi-
ties. If you get any threat at all, you let this committee know about it
immediately.
And, again, thank you very much.
Mr. Kennedy. That will be all for this witness. This will just
take a few minutes, but she testified as to the situation of a telephone
call being made, and then dynamitings and violence following a call,
and then Smith and the other Smith, "Hard of Hearing" Smith, ap-
pearing on the scene. We have a situation down in Jackson, Miss.,
which I would just have our staff investigator testify to to put the
facts in the record, and it will just take a few minutes.
Mr. McShane, will you testify, please ?
7184 IMPROPER ACTIVITIES IN THE LABOR FIELD
TESTIMONY OF JAMES P. McSHANE
The Chairman. You have been previously sworn, and you may
proceed.
Mr. McSiiANE. Thank you, sir.
Mr. Kennedy. Did you find, Mr. McShane, that there was a tele-
phone call made from Jackson, Miss., where the teamsters union was
having difficulty at the time? There was a telephone call made up to
Tennessee ?
Mr. McSiiANE. I did.
Mr. Kennedy. To whom was the telephone call ?
Mr. McShane. It was made to Mr. Don Vestal.
Mr. Kennedy. ^\^io is he ?
Mr. McShane. The president and business agent of local 327 in
Nashville.
Mr. Kennedy. From where was the telephone call made ?
Mr. McShane. The telephone call was made from the union hall of
local 891 in Jackson, Miss.
Mr. Kennedy. Was that union at that time having some difficulty
with a company in Jackson, Miss. ?
Mr. McShane. Yes, sir. At that time they were having a labor
difficulty with the cottonseed oil company mills at Jackson, Miss., and
also at tallulah. La.
Mr. Kennedy. Did you make an investigation to determine
whether Mr. Glenn W. Smith or Mr. W. A. Smith went to Jackson,
Miss. ?
Mr. McShane. Yes, sir ; I did.
Mr. Kennedy. Did you find that both of those individuals went
down to Jackson, Miss. )
Mr. McShane. Both of them were there, and both of them were
seen in the union hall, and also on the picket line a few days prior to
the dynamiting.
Mr. Kennedy. Did you find out that the point of the call was to
obtain the help of these teamster officials ?
]\Ir. INIcShane. Yes, sir, and, in eft'ect, the message was, "We are in
trouble, and we need your help. Please send someone down."
]\Ir. Kennedy. You have an affidavit to that effect ?
Mr. McShane. I have an affidavit to that effect.
Mr. Kennedy. Could we have that affidavit made a part of the
record ?
The Chairman. That affidavit may be made a part of the record.
(The affidavit referred to follows :)
Affidavit
I, Mrs. Lloyd A. Hutchins, who reside at 44020 North Hoban Avenue, Lan-
caster, Calif., freely and voluntarily make the following statement to LaVern J.
Duffy, who has identified himself to me as a member of the staff of the United
States Senate Select Committee on Improper Activities in the Labor-Manage-
ment Field. No threats, force, or duress has been used to induce me to make
this statement, nor have I received any promise of immunity from any conse-
quences which may result from submission of this statement to the aforemen-
tioned Senate select committee :
In .January 1956, I, Mrs. Lloyd A. Hutchins, was employed by teamsters
union local 891, Jackson, Miss. My duties with the union were of a clerical
nature in the ofiice of the union hall, located at 130 West Woodrow Wilson
Drive, Jackson, Miss.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7185
On December 31, 1905, the teamsters union called a strike against the
Southland Cotton Oil Co., 1000 Mill Street, Jackson, Miss.
On or about January 9, 1956, during the Southland Cotton Oil Co. strike, I
overheard Mrs. Bess Hoover, secretary of local 891 and wife of the president
and business agent, "Red" Hoover, make a long-distance telephone call to the
teamsters office in Nashville, Tenn. During this telephone conversation, I heard
Mrs. Hoover remark, "Don, we are in bad shape. You had better send help
down."
Later the same day, on or about January 9, 1956, I heard Mr. "Red" Hoover
request his wife to call Mr. Don Vestal of teamsters local 327 in Nashville,
Tenn., on the telephone. Mr. Hoover went into his inner office and closed the
door. Mrs. Hoover placed the call to Mr. Vestal and before she referred the
call to Mr. Hoover, she told Mr. Vestal not to say anything about the fact that
she (Mrs. Hoover) had spoken to him earlier on the telephone.
I have read the foregoing statement, and to the best of my knowledge, it is
true and correct.
Mrs. Lloyd A. Hutchins.
Witnesses :
Helen C. Kurtz.
Mrs. Jekry R. Pittiman.
Sworn to and subscribed before me this 18th day of October 1957.
T. L. Thomas, Notary Public.
My commission expires September 7, 1958.
Mr. Kennedy. Did you find that after Mr. Glenn Smitli and Mr.
W. A. Smith, one from Chattanooga and the otlier from Nashville,
that after they arrived on the scene down in Jackson, Miss , that some
violence occurred ?
Mr. McSriANE. Yes, sir.
]Mr. Kennedy. What kind of violence ?
Mr. McSnANE. On the night of January 15, 1956, about 11:20
p. m., a Mr. Xabors, who was the night superintendent at the plant,
observed the green Cadillac sedan pull up by a fence and stop. A
man got out and threw a lieavy package over the fence beneath the
transformer belonging to the Mississippi Power & Light Co., wdiich
was on the company property. He observed that there was a fuse
attached and that it was burning. With the assistance of several
employees, he succeeded in putting out the fuse.
About that time, on the other side of the plant, there were two
terrific explosions. A subsequent investigation disclosed that there
were two 300,000 gallon capacity tanks containing black oil and 1
cottonseed storage bin containing cottonseed had been completely
destroyed. The estimated damage of that was $35,000.
]Mr. Kennedy. That was $35,000 and water was sprayed on some
of the dynamite before it exploded ?
]\Ir. McSiiANE. Twenty-one sticks of dynamite Avere recovered.
Mr. Kennedy. And you have some affidavits there indicating that
the reason for Mr. Smitli being present in Jackson, Miss., was for
the purpose of dynamiting or participating in this violence ?
JNIr. McShane. Yes, sir.
Mr. Kennedy. And you have some information or some affidavits
there indicating that they were seen on the picket line and were active
in the strike?
Mr. ]\r( Shane. Yes, sir, and also at the union hall.
]Mr. Kennedy. This is Jackson, Miss., and we will have some other
information regarding the activities of some of these individuals in
Florida, but I wanted to get that in the record at the present time.
]\Ir. McSiiane. There was also a dynamiting an hour later, at Tal-
lulah. La., belonging to the same company.
7186 IMPROPER ACTIVITIEiS IN THE LABOR FIELD
Mr. Kennedy. How far away was that ?
Mr. McShane. Roughly about 70 miles aAvay, and there was a
dynamiting there, and a medium-sized tank was destroyed, and the
estimated damage to that was $1,600, and it was the same company,
and another mill plant.
Mr. Kennedy. Was tliere an investigation made to determine
whether it was the same kind of dynamite that was used in both ?
Mr. McShane. The dynamite found at both scenes was taken and
sent to the Louisiana State Department of Public Safety, the division
of police, located at Baton Rouge, and a Dr. Ray Herd examined all
of the articles, and said that in his opinion these materials were
identical in every respect, and that they came from the same source.
The Chairman. All right, the affidavit you referred to may be placed
in the record.
(Affidavits referred to follow :)
Affidavit
I, Daniel W. Moulder, 2318 Bailey Avenue, Jackson, Miss., telephone No.
2-^334, freely and voluntarily make the following statement to Mr. James
McShane who has identified himself to me as a member of the staff of the United
States Select Committee on Improper Activities in the Labor or Management
Field. No threat, force, or duress have been used to induce me to make this
statement, nor have I received any promise of immunity from any consequences
which may result from submission of the statement to the aforementioned
Senate select committee.
A couple of nights before the dynamiting up at the Southland Cotton Oil
Co., 1000 Mill Street, Jackson, Miss., I went to the meeting hall of the teamsters'
union, local 891, address 130 West Woodrow Wilson Drive, Jackson, Miss.
It was on or about January 12, 1956, at about 9 p. m. I was to attend a
meeting that L. M. "Red" Hoover, president of local teamster's 891, had called
for several of us fellows regarding the strike up at the Southland Cotton Oil Co.
plant.
While in the union hall waiting for the meeting to start I went over to the
door of the office of "Red" Hoover. I wanted to get something inside his office.
The door was closed. Mrs. Hoover, secretary of local No. 891, and wife of "Red"
Hoover, was standing near the door. She told me not to open it as there was a
private meeting going on inside of "Red" Hoover's office. I walked back to the
other side of the room and waited. About a half hour later Hoover's office door
opened and out walked W. E. Huff, who lives at 435 Roland Street, Jackson,
and Charlie Hudson, who resides at 309 Pearl Drive East, Jackson, Miss. They
are members of local 891, and were active up at the strike at Southland Oil
plant. Also coming out of the office was "Red" Hoover and two other fellows whom
I did not recall having seen around the union hall before. Huff and Hudson
came over and spoke to me. Where the other men went I do not know.
I have been shown 16 pictures of a group of men by Mr. James McShane a
member of the subcommittee staff. From these pictures I positively recognized
two men. Mr. McShane informs me one is Glenn W. Smith, president of team-
ster's local No. 515, Chattanooga. The other man I saw who was wearing
a hearing aid, Mr. McShane informs me is W. A. "Hard Hearing Sniitty" Smith,
business agent of teamster's local 327, Nashville.
On the afternoon of when this all happened I recall seeing the man I recog-
nized as Glenn W. Smith driving a Cadillac bearing Tennesssee license plates.
I have tried, but I just can't recall the color of the Cadillac.
Daniel W. Moulder.
Witnesses :
James W. McShane.
R. C. Bennett.
Subscribed and sworn to before me this 9th day of September 1957.
E. M. Shaw.
My commission expires May 28, 1960.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7187
Affidavit
I, W. L. Hodgin, 111 Sanford Street, Jackson, Miss., telephone No. 50274 free-
ly and voluntarily make the following statement to James McShane who has
identified himself to me as a member of the staff of the United States Select
Committee on Improper Activities in the Labor Management Field. No threat,
force, or duress have been iised to induce me to make this statement, nor have
I received any promise of immunity from any consequences which may result
from submission of the statement to the aforementioned Senate select com-
mittee.
In January 1906 I was employed at the Southland Cotton Oil Co. of 1000
Mill Street, Jackson, Miss., as mill superintendent. On or about January 9,
19")H. I had an occasion to drive one of the nonstriking employees, Joe Sayles,
to his truck which was located across the picket line with my car. This
was around noon. Later that evening, about 7 p. m. I left the plant and went
to Macks drive-iu-restaurant located at 1836 Mill Street, Jackson, about 5 blocks
from the plant. As I was finishing my meal Mr. L. M. "Red" Hoover, presi-
dent and business agent of teamster's imion local 891, Jack.son, Miss., came
into the drive-in with three other men and sat down in the restaurant. This
luiion, local 891 was the one that was conducting the strike at our plant and
had established the picket line. Mr. Hoover and his associates did not order any-
thing but sat looking at me. As I started to leave he said to me "I want to
see you." He followed me outside and the other three followed. Two of them
accompanied Mr. Hoover over to where I was and the fourth remained in the
open doorway. When Mr. Hoover got up to me he said, "You smart s. o. b.
I don't want" to see you taking anybody across the picket line again," or words
to that effect.
Mr. James McShane of the subcommittee staff has shown me 16 pictures of
men in several groups. From these pictures I have recognized the man who
was standing in the doorway at the drive-in. I am told by Mr. McShane that
he is Glenn \V. Smith, president of the teamster's union, local No. 515 at Chat-
tanooga, Tenn.
Also in looking over the 16 pictures I recognized and can identify another
man, wearing a hearing aid, as one I saw around the picket line at the time of
the strike. I have been informed by Mr. McShane that this man is W. A. "Hard
Hearing Smitty" Smith, business agent for teamsters' local No. 327, Nashville,
Tenn.
During the strike I saw a light green Cadillac automobile with Tennessee
license plates cruising the streets around the plant on several occasions in the
late evening or nighttime. I noticed it parked one evening at the place where
the men on the picket line parked their cars.
W. L. HODGIN.
Witnesses :
James McShane.
H. T. Busby.
Subscribed and sworn to before me this the 7th day of September 1957.
E. M. Shaw.
My 4-year term of office expires May 28, 1960.
The Chairman. Before we adjourn, the Chair wishes to ask a ques-
tion of Mr. Duffy of the staff.
You have been previously sworn. Have you checked the criminal
record of this man, W. A. Smith, business agent of the teamsters'
local, 327, Nashville, Tenn. ?
TESTIMONY OF La VEEN J. DUFEY— Resumed
Mr. Duffy. Yes, in Nashville.
The Chairman. Have you made a compilation of his criminal
record ?
Mr. Duffy. I have, Mr. Chairman.
7188
IMPROPER ACTIVITIES EST THE LABOR FIELD
The Chairman. All right, that information may be printed in the
record at this point.
(Information referred to follows :)
Memorandum
November 11, 1957.
To : Robert F. Kennedy.
From : L. J. Duffy.
Subject: W. A. Smith, business agent, teamsters' local, 327, Nashville, Tenn.,
police record.
Date
Charge
City
Disposition
Nov. 9,1934
May 18, 1937
Dec. 15,1947
Dec. 18,1949
Investigation (robbery), vagrancy, and
disorderly conduct.
Public drunk, concealed weapon,
assault.
Obtaining property in excess of $60 by
fraud.
Memphis, Tenn.
Nashville
Memphis
Nashville
do
do
do
do
Vagrancy dismissed. Fined $5
for disorderly conduct.
No record of disposition.
Do.
Jan. 14,1950
Do
Dec. 23,1950
Do
Keeping disorderly house
Operating disorderly house
Driving while drunk (unable to find
road).
Disorderly and offensive conduct
Fmed $50.
Fined $25.
Fined $50.
do
Fined $25.
Dec 1 1951
Loitering
do
do
Fined $10.
May 9,1952
May 27, 1953
Dec 3 1955
Drunk, disorderly, and offensive con-
duct.
Assault and battery
Fined $50.
do
Party assaulted dropped charges.
Violating State registration law (dyna-
mite caps and equipment found in
his car, 1951 Chevrolet sedan).
Violating State registration law (dyna-
mite caps and equipment found in
his car, 4 door Mercin-y sedan).
Drunk and disorderly
do
Fined $2 50 plus court costs of
Do
do
$9.75, total of $12.25.
Dismissed.
Dec. 30,1955
do
Fmed $10.
do
Do.
Mar. 19, 1956
do-—
do
Fmed $5.
Senator Curtis. Mr. Chairman, I recall that Mr. Hoffa replied to
an inquiry about employing people with criminal records for union
organizers and other work. He said that they endeavored to do it in
order to rehabilitate them.
The Chairman. They have not made much progress with Mr. Smith.
Senator Curtis. Not very much.
The Chairman. I think that they could call that project a failure
and end it right now.
The committee will stand in recess until 10 : 30 a. m. in the morning.
(Whereupon, at 4 : 05 p. m. the committee recessed, to reconvene at
10 : 30 a. m., Saturday, December 7, 1957.)
INVESTIGATION OF IMPROPER ACTIVITIES IN THE
LABOR OR MANAGEMENT FIELD
SATURDAY, DECEMBER 7, 1957
United States Senate,
Select Committee on Improper Activities in the
Labor or Management Field,
Washington, D. O.
The select committee reconvened at 10 : 30 a. m., pursuant to Senate
Resolution 74, agreed to January 30, 1957, in the caucus room, Senate
Office Building, Senator John L. McClellan (chairman of the select
committee) presiding.
Present : Senator John L. McClellan, Democrat, Arkansas ; Senator
John F. Kennedy, Democrat, jSlassachusetts.
Also present : Robert F. Kennedy, chief counsel ; LaVern J. Duffy,
investigator; James P. McShane, investigator; Ruth Y. Watt, chief
clerk.
The Chairman. The committee will be in order.
(Members of the committee present at the convening of the session :
Senators McClellan and Kennedy.)
The Chairman. Call the next witness.
Mr. Kennedy. Mr. Powers, Mr. Chairman, is the next witness.
The Chairman. Do you solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. Powders. I do.
TESTIMONY OF B. B. POWEKS
The Chairman. State your name, your place of residence, and your
business or occupation, Mr. Powers.
Mr. Powers. My name is B. B. Powers, my home address is 2906
Fifth Avenue, Knoxville, Tenn. My business address is 3434 McCalla
Avenue, Knoxville, Tenn.
The Chairman. What is your business or occupation ?
Mr. Powers. Food markets.
The Chairman. Thank you very much. You waive counsel, do you ?
Mr. Powers. Yes, sir.
Mr. Kennedy. Mr. Powers, in 1936 did you understand that the
Coca-Cola plant in Knoxville was having some difficulties with the
teamsters union ?
Mr. Powers Yes, sir.
Mr. Kennedy. Did you handle Coca-Colas out of your grocery
store ?
Mr. Powers. Yes, sir.
Mr. Kennedy. Did you have some conversations in September of
1956 with some teamster officials regarding the selling of Coca-Cola?
Mr. Powders. Yes, sir.
7189
7190 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Kennedy. Will you tell us the events that preceded that, first
that the representatives of the Coca-Cola company came in to install
some Coca-Colas in your grocery stores ?
Mr. Powers. The Coca-Cola truck came in about 1 or 2 o'clock in
the afternoon on Wednesday, I believe it was maybe the 4th of Sep-
tember. They said, "We have Coca-Cola for you." I said, "Well, is
the strike over?" And the boy said, "Yes ; and Pat, who is Mr. Roddy,
said, "All that want to come back to work, come on, and he just opened
the doors. And he said, "We all went back to work." So t asked him
where the regular driver was, and his name was Fred Lanham, and
they said, "Well, now, Fred didn't get back to work today, and he will
be back to work later." So I said, "Well, the empty bottles are in the
rear, and you can back the truck up to the back door and refill them
with Coca-Colas." After the boys had brought in quite a number of
the cartons, they started filling the rack on the front and were working
up there, the two men on the truck, and a big Cadillac drove in on the
front, a big black Cadillac, and a man came in, and he said, "A-NHio is the
manager of the store?" I told him that I was. He said, "I see you
have bought Coca-Colas," and I said, "Yes," and he said, "Well, the
strike is not over," and I said, "Well, these boys said it was," and he
said, "Well, why didn't you make arrangements, or why didn't you
call to find out whether the strike was over or not ?"
I said, "Now wait a minute ; it is not my place to find out whether
the strike is over or not. If the strike is still on, why did you let
them by the picket lines ?" He said, "You're in for trouble." He said,
"You will sure get it. Your own customers will cause you trouble." I
said, "No; I didn't think my customers would cause me any trouble,"
but I said, "If you're looking for trouble, I guess you can get some of
it, too." I said, "I think that I know your type. You're one of these
kind of fellows that will come into town here, and pull these men off
of their jobs, and put them out on a picket line, and they go hungry,"
but I said, "It don't make any difference to you. You drive a big fine
Cadillac." I said, "You have a big fine office uptown, where you can
throw your feet up on the desk and smoke 25-cent cigars and tell these
hungry boys out on the picket line ; if you happen to win, bring me $4
a month." Now, I said, "You should try to sell some of my help on
your idea. The first one you approach would throw you out that door.
I said, "For your information, I have been selling Coca-Colas on this
corner for over 30 years, and I would like to see you stop me." I said,
"The best thing you can do is get in your Cadillac and get back to
where you come from." He went out the door, and he said, "You're
asking for trouble, and you're sure going to get it." That was the
incident that happened on that day.
Mr. Kennedy. That was on September 5 ; was it ?
Mr. Powers. That was on the 4th, on Wednesday.
Mr. Kennedy. September 4 ?
Mr. Powers. Yes, sir.
Mr. Kennedy. What was the next thing that you heard ?
Mr. PoAVERs. The next that I learned was when an officer called me,
called my home and my wife answered the phone, that our place of
business had been dynamited. That was about 10 : 30 on the night
after, which was Thursday, September 5.
Mr. Kennedy. What was the damage that had happened ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7191
Mr. Powers. They blew out all of the front plate glass windows, and
blew the doors off of my entrance, and the marquee on the front, the
metal awnings, 1 of them was completely destroyed, and the other 2
were damaged. A big hole was left in the pavement directly in front
of the building, within about 4 or 5 feet of the building.
Mr. Kennedy. So within less than 48 hours, after you had this
dispute with Mr. Reynolds of the teamsters union, after he told you
that you were going to have trouble, and after you had said you were
going to continue to sell Coca-Colas, within 48 hours of that time your
store had been dynamited ?
Mr. Powers. That is right, sir ; yes, sir.
Mr. Kennedy. What action did you take? Did you and your
family go down and try to repair the store ?
Mr. Powers. Well, yes, my son and I and my brother and I made
arrangements immediately to replace the glass with the Pittsburgh
Plate Glass Co., and he put a night crew on, and we cleared away all
of the debris and I had to rehang my doors, and where the ceiling in
front of the marquee and all of the lighting was hanging down, you
know. Tlie wires had to be cut, you know, and the lights taken away,
and the ceiling, of course, was hanging down and the facade around
the marquee which is aluminum facade was blown out, you know, from
it. But after we had completed by 6 : 30 the next morning, we had
everything installed. The glass and all of the debris was hauled away,
and the hole was patched, and I had cement on hand and the hole was
patched, and you couldn't tell from the street actually, you know,
anything had happened other than the awning, of course, was gone.
Mr. Kennedy. How much was the damage ?
Mr. Powers. Something near $2,000. It would have been a whole
lot more, but I did an awful lot of it myself. I had some building
experience, and a lot of the work was done myself.
Mr. Kennedy. With the help of your family ?
Mr. Powers. That is right ; yes, sir.
Mr. Kennedy. Now, this of course came to the attention of the
police?
Mr. Powers. That is right ; yes, sir.
Mr. Kennedy. Were you interviewed ?
Mr. Powers. Yes, sir.
Mr. Kennedy. Regarding the threats ?
Mr. Powers. Yes, sir.
Mr. Kennedy. ^Vlien were you first interviewed, that night ?
Mr. Powers. That night, yes.
Mr. Kennedy. Were you interviewed again after that by the police ?
Mr. Powers. Yes, sir. Now, 2 or 3 times I expect the detectives that
were assigned to the case came back and I gave them names of witnesses
that I had picked up or just learned, you know, through the store.
Tliey, of course, questioned the witnesses.
Mr. Kennedy. There were also some witnesses to the threats that
had been made to you by Mr. Reynolds, were there not ?
Mr. Powers. Oh, no, that isn't right, no. There are not. The two
witnesses that I picked out were ones that possibly could make some
identification of who might have done it.
Mr. Kennedy. Also, there was at least one witness to the threats
that had been made to you by Mr. Reynolds, was there not?
89330— 58— pt. 18 10
7192 IMPROPER ACTIVITIES EST THE I.ABOR FIELD
Mr. Powers. Yes, there is the Coca-Cola men who heard that.
Mr. Kennedy. We have an affidavit, Mr. Chairman, and I don't
think it is necessary to read it all into the record but it does substantiate
the statements that Mr. Powers has made, as to the conversations that
he had with Mr. Reynolds.
The Chairman. The Chair will read at this point the body of the
affidavit, omittino- tlie formalities of it and the affidavit may be printed
in full in the record at this point.
(The affidavit referred to follows :)
Affidavit
I, Harry Murray, who reside at 2010 Laurel Avenue, Knoxville, Tenn., freely
and voluntarily make the following statement to LaVern J. Duffy, who has
identified himself to me as a member of the staff of the United States Senate
Select Committee on Improper Activities in the Labor or Management Field. No
threats, force or duress has been used to induce me to make this statement,
nor have I received any promise of immunity from any consequences which may
result from submission of this statement to the aforementioned Senate select
committee :
I have been employed by the Roddy Manufacturing Co. in Knoxville, Tenn.,
for the past 17 years. I hold the position of route supervisor.
On or about September .5, lO^O, I was assisting in the delivery of Coca-Cola to
Powers Grocery Store, 34.34 McCalla Avenue, Knoxville, Tenn. I was inside the
store with another route salesman, William Komines. While making deliveries
inside the store, a man entered and started shouting at Mr. Powers. I heard
him say, "What the hell is the idea of selling this Coca-Cola?" I\Ir. Powers
informed him that he had been selling Coca-Cola for 31 years and this man was
not going to stop him. The man said to him, "You're asking for trouble." And
to this Mr. Powers replied, "You're coming to a good p^ace to get it. That is
all you fellows are good for; smoking fat cigars, driving Cadillacs, and taking
those poor boys' money." I was of the impression that Mr. Powers meant team-
sters union members of local No. 621. I went to the rear of the store and
heard no more of their conversation. I did notice that Mr. Powers was visibly
upset when I left the store.
At a later date I discovered the identity of the man who threatened Mr.
Powers in the store that day. I have seen him on numerous occasions entering
and leaving the Teamsters Union, Local No. 621 meeting hall in Knoxville,
Tenn. He is Mr. William J. Reynolds, who at that time was president and
business agent for local No. 621.
I have read the foregoing statement, and to the best of my knowledge it is
true and correct.
/s/ Harry E. Murray.
Witness :
/s/ G. Hugh Gallaher, Jr.
/s/ Anne F. Smith.
Subscribed and sworn to before me this 2d day of December 1957.
[seal] /s/ B.al.vji Cato, Notary Public.
My commission expires January 20, 1958.
Mr. Kennedy. Then in addition you were able to locate two in-
dividuals who had some firsthand information as to the dynamiting?
Mr. Powers. Yes, sir.
Mr. Kennedy. And you turned that information over to the police
as well ?
Mr. Powers. Yes, sir.
Mr. Kennedy. Now, was this case ever solved, was anybody prose-
cuted in connection with this ?
Mr. Powers. No.
Mr. Kennedy. Now, you told the police of the threats that had
been made to you by Mr. Reynolds ?
Mr. Powers. Yes, sir.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7193
Mr. Kennedy. Was Mr. Reynolds ever interviewed by the police in
connection with this ?
Mr. Powers. That I don't know.
Mr. Kennedy. Did the police make any statements to you about
that?
Mr. Powers. No.
Mr. Kennedy. Did you ask them if they had interviewed him ?
Mr. Powers. I asked them the night of the dynamiting why they
didn't get Reynolds, and I said, "I believe you have enough evidence
to go get him," and one of the officers said, "Yes, we have enough
evidence, let us go get him." I believe now the police officers' names
were Swanner and Hudkson, and I believe that Mr. Swanner was the
one that said, "Yes; we have enough evidence to get him, let us go get
him." And the other one said, "No ; we will have to place him at the
scene of the crime."
JNIr. Kennedy. Did you understand there were two witnesses that
could add something or could give some information regarding the
persons responsible for the dynamiting?
Mr. Powers. That is right. We have those witnesses.
Mr. Kennedy. But nevertheless, nobody was ever arrested in con-
nection with this ?
Mr. Powers. No, sir.
Mr. Kennedy. And you don't know if Mr. Reynolds was ever even
interviewed, is that right ?
Mr. Powers. No, sir.
The Chairman. Were you ever called before a grand jury investiga-
tion of it ?
Mr. Powers. No, sir. Now, I went down and talked to Mr. Clem-
ents, the attorney general, and he said that they had two good officers
assigned, the two city detectives, and that they would do a good job
of it, and I left the courthouse, you know. That was the last time I
saw Mr. Clements until I saw him in the courtroom yesterday.
The Chairman. Is this what you call a good job of it ?
Mr. Powers. No, sir ; I certainly do not, sir.
Mr, Kennedy. Mr. Chairman, at this time I would like to ask a
question of Mr. Duffy, in connection with his interview with Mr.
Swanner, the detective handling this matter.
TESTIMONY OF La VEEN J. DUFFY— Eesumed
The Chairman. You have been previously sworn and proceed.
Mr. Kennedy. Did you talk to Mr. Swanner of the police depart-
ment ?
Mr. Duffy. Mr. McShane and myself talked to Lieutenant Swanner
and he advised us that he did not interrogate Mr. Reynolds in refer-
ence to this .
Mr. Kennedy. Mr. Reynolds was never even interviewed in connec-
tion with this ?
Mr. Duffy. That is correct.
Mr. Kennedy. Then, not only was tliere no grand jury, but that
Mr. Reynolds was not even interviewed in connection with the threats
that lie made of Mr. Powers ?
Mr. Duffy. That is correct.
7194 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Kennedy. Did he tell you on whose instructions he was not
interviewed ?
Mr. Duffy. He did not.
Mr. Kennedy. He did not give you any any explanation ?
Mr. Duffy. No explanation was given to us.
Mr. Kennedy. What did he say when you asked for an explanation ?
Mr. Duffy. I don't recall, Mr. Kennedy, what he did say. I was
rather surprised, and I don't think that I carried on the conversation
further,
Mr. Kennedy. Thank you.
TESTIMONY OF B. B. POWERS— Resumed
The Chairman. Mr. Powers, how long have you been a citizen of
Knoxville ?
Mr. Powers. I was born and raised in Knoxville.
The Chairman. How long have you been in this food-market
operation ?
Mr. Powers. Thirty-two years, coming February.
The Chairman. Have you ever had any trouble "before ?
Mr. Powers. No, sir.
The Chairman. As I understand, you have been selling Coca-Cola
there all through the years ?
Mr. Power. Yes, sir.
The Chairman. You had no interest in the strike at the Coca-Cola
plant ?
Mr. Powers. No, sir. If you may please sir, I have nothing against
any of the boys, you know, that worked for the Roddy Manufacturing
Co. I knew an awful lot of them, and if the boys had gone hungry, I
would have fed them, you know\ I have no personal feelings toward
any of tlie boys in the strike.
The Chairman. You had no control over the strike, and you had
no interest in it on either side ?
Mr. Powers. No interest whatsoever.
The Chairman. And all you did was to receive wdien they came
there, with the truck to deliver Coca-Cola, they told you the strike
had been settled and all you did was to receive the Coca-Cola as had
been your custom all of these years ?
Mv. Powers. Yes, sir.
The Chairman. To receive delivery of them ?
Mr. Powers. Yes, sir.
The Chairman. And it was while it was being delivered that this
Cadillac drove up and this man came in, Reynolds came in and
threatened you ?
Mr. Powers. Yes, sir. I don't know if I did not tell you, I don't
think I did in my statement, but he told me that his name w^as Reyn-
olds, and he was an agent for the teamsters union.
The Chairman. He told you that?
Mr. Powders. He told me that; yes, sir.
The Chairman. At the time ?
Mr. Powers. Yes, sir.
The Chairman. Now, how long prior to that since you had
received any delivery of Coca-Cola ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7195
Mr. Powers. I believe something like maybe 2 weeks, or maybe 10
days to 2 weeks.
The Chairman. You had not received any in 10 days or 2 weeks.
During that period of time you had not sold any ?
Mr. Powers. That is, I had none to sell ; that is right.
The Chairman. You did not tiy to break the strike?
Mr. Powers. No, sir.
The Chairman. You did nothing to interfere with the strike ?
Mr. Powers. No, sir.
The Chairman. You simply received a delivery ?
Mr. Powers. That is right.
The Chairman. That was made by the Coca-Cola Co. ?
Mr. Powers. That is right, sir.
The Chairman. And for having done that, you paid this penalty
of loss and damage that you sustained by reason of this violence?
Mr. Powers. Yes, sir.
The Chairman. And notwithstanding he made that threat within
48 hours of the time your place was dynamited, and notwithstanding
you reported it to the' officers and notwithstanding that you gave them
the names of other witnesses, so far as you know Reynolds up to that
day has never been interrogated about it.
Mr. Powers. That is right.
The Chairman. And he has never been called before a grand jury,
and neither have you or anyone else ?
Mr. Powers. That is right, sir.
The Chairman. And that is the kind of law enforcement that you
have down there in that community ?
Mr. Powers. Yes, sir.
The Chairman. Where labor unions are involved ?
Mr. Powers. Yes, sir.
The Chairman. All right. Thank you.
You may stand aside. Thank you very much.
Call the next witness.
Mr. Kennedy. John C. Chapman.
The Chairman. Mr. Chapman, come around, please.
Do you solemnly swear that the evidence you shall give before this
Senate select committee shall be the truth, the whole truth, and nothing
but the truth, so help you God ?
Mr. Chapman. I do.
TESTIMONY OF JOHN C. CHAPMAN
The Chairman. Please state your name, your place of residence,
and your business or occupation, please.
Mr. Chapman. John C. Chapman, sheet-metal worker, 6221/^ South
47th Street, Baltimore, Md.
The Chairman. Do you waive counsel, Mr. Chapman ?
Mr. Chapman. Sir ?
The Chairman. Do you want a lawyer here to represent you as
you testify ?
Mr. Chapman. No, sir.
The Chairman. Thank you very much.
Proceed, Mr. Kennedy.
7196 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Kennedy. Mr. Chapman, you used to work in Knoxville, Tenn. ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. You lived there ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. You were a sheet -metal worker there for the J. W.
Savage Machine Tool Co. ^
Mr. Chapman. Yes, sir.
Mr. Kennedy. On September 5, 1956, you were in the vicinity of
the Powers Grocery Store ; were you ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. Can you tell us about that; approximately what
time it was and what you observed ?
Mr. Chapman. Sir, on the night before the dynamiting I went and
got some groceries. I started back home.
The Chairman. A little bit louder please, sir.
Mr. Chapman. A black Cadillac or dark blue Cadillac was sitting
on the opposite side of the street on which I was. There were three
men in the car. The night I stood there
Mr. Kennedy. That was about 7 : 30 at night ; was it ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. Approximately 7 : 30 ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. This wai
Mr. Chapman. Yes, sir.
Mr. Kennedy. This was the night prior to the dynamiting; is that
right ?
]Mr. Chapman. No ; the night before the dynamiting.
]Mr. Kennedy. Just before the dynamiting ?
Mr. Chapman. Yes, sir.
The Chairman. Let us get it straight.
Mr. Kennedy. I am talking now about the first incident. The
first time you walked up the street, that was on September 5, 1956.
Mr. Chapman. Yes, sir.
Mr. Kennedy. That was the night before the dynamiting ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. You observed an automobile ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. They were across the street from the Powers Grocery
Store?
Mr. Chapman. Yes, sir.
Mr. Kennedy. There were three men sitting in the automobile; is
that right?
Mr. Chapman. Yes, sir.
Mr. Kennedy. Were you able first to identify the automobile at all ?
What kind of automobile was it ?
Mr. Chapman. It was black or dark blue Cadillac, sir.
Mr. Kennedy. What year, approximately ?
Mr. Chapman. 1955 or 1956.
Mr. Kennedy. Were you able to identify at all any of the occupants
of the automobile ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7197
Mr. Chapman. Yes, sir. It ^Yas white sidewalls. On the hubcaps,
you know, they had a kind of — well, they were diti'erent--^hey had a
kind of ridge on the liubcap, four corners.
Mr. Kennedy. That was the description of the car you saw" ?
Mr. Chapman. Yes, sir.
jNIr, Kennedy. You were not able to see the people in the car at that
time ?
Mr. Chapman. No, sir.
]\Ir. Kennedy. Now on the following evening you came again to the
Powers Grocery Store ; is that right ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. You were walking up the street. Did you see any-
thing at that time ? This was the night of the dynamiting, September
6, 1956, the following night. Will you tell the conmiittee what you
saw?
Mr. Chapman. When I went to the store the first time I did not see
anything. I went home and I had to go back to the store. Then
Mr. Powers was closed at the time. So I went up to the other little
self-service store.
]Mr. Kennedy. You went up to the store about 7 : 30 and you did
not see anything at that time. You went back to the store to buy some
cigarettes around 8 : 30 that night?
Mr. Chapman. Yes, sir.
Mr. Kennedy. Did you observe anything at that time ?
Mr. Chapman. Yes, sir ; as I started back home.
Mr. Kennedy. All right.
Mr. Chap3ian. That w^as about 8 : 30. As I started back home the
same Cadillac was parked on the same side of the street I was walking
on. There were three men in it, but the driver I didn't see. I couldn't
recognize him, but the other two men I could.
The Chairman. You did recognize two men in the car ?
]\lr. Chapman. Yes, sir.
The Chairman. The driver you did not recognize ?
Mr. Chapman. Yes, sir ; I did not.
The Chairman. But 2 of the 3 you did recognize ?
Mr. Chapman. Yes, sir.
^Ir. Kennedy. Now, out of a large group of pictures we presented
to you you were able to pick out two men ; is that right ?
Mr. Chapman. Yes, sir.
iVIr. Kennedy. The local police tlepartment had interviewed you
at first, did they not ?
Mr, Chapman. Yes, sir.
Mr. Kennedy. And you were able to pick out the individuals at
that time ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. And you did the same thing for us ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. Is this the first individual ?
The Chairman. I hand you three photographs and ask you to
examine them and see if you can identify the subject of the photo-
graphs, the first one involved.
7198 EVIPROPER ACTIVITIES EST THE. LABOR FIELD
Mr. Kennedy. They are all the same individuals, just to give you a
good view of them. Is that the man you saw on the front seat of
the car ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. It is ^
Mr. CiiArMAN. Yes, sir.
The Chairman. You mean he was the driver ?
Mr. Chapman. No, sir, the driver would be sitting out toward the
street. He was sitting into the sidewalk, you know.
The Chairman. In other words, he was on the opposite side of the
front seat from the driver ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. How were you able to get such a good view of this
man ?
Mr. Chapman. Sir, I was about 3 or 4 feet from him and he looked
right straight at me.
Mr. Kennedy. As you were walking up the street?
Mr. Chapman. Yes, sir.
Mr. Kennedy. He was seated nearest the sidewalk and as you were
walking by he looked right straight up in your face ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. You were only a few feet from him and you were
able to get a good look at him ; is that right ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. Has that man been identified to you by name ?
Mr. Chapman. No, sir ; I don't think you have told me his name.
Mr. Ivennedy. Mr. Chairman, that picture is a picture of Mr. W. A.
Smith, who is the business agent from the local 327 in Nashville.
The Chairman. Let me ask you: Did you know the man who
looked at you? Did you recognize him as someone you knew at the
time he looked at you when you passed the car ?
Mr. Chapman. No, sir ; I didn't.
The Chairman. In other words, he was a stranger to you ?
Mr. Chapman. Yes, sir.
The Chairman. But you think you recognize that picture as the
picture of the man who looked at you that night ?
Mr. Chapman. Yes, sir.
The Chairman. Had you seen pictures of this man before?
Mr. Chapman. Yes, sir.
The Chairman. Did the police show you pictures of him?
Mr. Chapman. Yes, sir, they showed me the pictures before.
The Chairman. When did you first identify the pictures ? When
were you first shown pictures of him and identify him ? How long
was it ? How soon after the dynamiting ?
Mr. Chapman. I believe it w\as 2 or 3 days after the dynamiting.
The Chairman. 2 or 3 days after the dynamiting ?
Mr. Chap3ian. Yes, sir.
The Chairman. You were shown pictures of this man ?
Mr. Chapman. Yes, sir.
The Chairman. And you identified the man to the police; is that
correct ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7199
Mr. Chapman. Yes, sir.
The Chairman. So it was fresh on your mind ?
Mr. Chapman. Yes, sir.
The Chairman. You had seen the man. You looked at him as
you passed. The dynamiting occurred tlie same night ?
Mr. Chapman. Yes, sir.
The Chairman. A day or two afterward you were interrogated by
the police ?
Mr. Chapman. Yes, sir.
The Chairman. You were presented with pictures of this man and
you identified the picture as being a picture of the man who looked
at you out of the car that night ?
Mr. Chapman. Yes, sir.
The Chairman. This is not the first time you have identified the
man, but it was immediately afterward you identified a picture of
him ?
Mr. Chapman. Yes, sir.
The Chairman. All right. Those pictures may be made exhibit
No. 12 for reference.
(Photographs referred to were marked "Exhibit No. 12" for ref-
erence and may be found in the files of the select committee.)
Mr. Kennedy. Mr. Chairman, I would like to call to your attention
the testimony of Mrs. Freels yesterday when she stated that when
there was difficulty in Knoxville that a telephone call was often made
to either Chattanooga or to Nashville to get the man from the Chat-
tanooga local or W. A. Smith from the local in Nashville ; that after
this telephone call was made and Smith came to Knoxville, that often
some violence occurred in the Knoxville area.
It would appear that here is W. A. Smith identified at the scene
of this dynamiting just a short time prior to the dynamiting in the
city of Knoxville when he w^as a business ageiit for the local teamsters
in Nashville, Tenn.
The Chairman. Did the police tell you who this man was when
you identified the picture ?
Mr. Chapman. No, sir.
The Chairman. They did not give you his name ?
Mr. Chapman. No, sir.
The Chairman. They didn't tell you who he was ?
Mr. Chapman. No, sir.
The Chairman. But you told them that was the man in the car.
Mr. Chapman. Yes, sir.
Mr. Kennedy. You selected the identification of this man out of
several pictures, did you not ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. It was not just presented to you and you were asked
if this was the man ?
Mr. Chapman. No, sir ; they had about 25 or 30 pictures.
Mr. KJENNEDY. And you picked this man out; is that right?
Mr. Chapman. Yes, sir.
Mr. Kennedy. You have already identified the other occupant of
the car in a similar manner?
7200 IMPROPER ACTIVITIES ENT THE LABOR FIELD
Mr. Chapman. Yes, sir.
The Chairman. Were you able to identify another occupant of the
car?
Mr. Chapman. Yes, sir.
The Chairman. Did you identify the other occupant of the car to
the police also at the same time you identified Smith ?
Mr. Chapman. Yes, sir.
The Chairman. You did not identify him as Smith but you identi-
fied him as one of the men in the car.
Mr. Chapman. Yes, sir.
The Chairman. Did you identify at the same time, out of the pic-
tures they presented to you, the other man you saw in the car?
Mr. Chapman. Yes, sir.
The Chairman. I j^resent to you a picture here and ask you to
examine it and state if you recognize or identify the party in the
picture.
Mr. Chapman. Yes, sir.
The Chairman. Where was he that night ?
Mr. Chapman. He was sitting in the back seat, sir.
The Chairman. How did you happen to recognize him ?
Mr. Chapman. Sir, the light was shining on him. I turned around
and looked for the license. When I looked at the license he was
watching me.
The Chairman. Why were you looking at the license ?
Mr. Chapman. Just a habit, sir.
The Chairman. It was a pretty big car to be sitting there that way,
was it not ?
Mr. Chapman. Yes, sir.
The Chairman. That attracted your attention, I guess, a big Cadil-
lac sitting there ; is that true ?
Mr. Chapman. Yes, sir.
The Chairman. You identified this man to the police, also ?
Mr. Chapman. Yes, sir.
The Chairman. The man in this picture ?
Mr. Chapman. Yes, sir.
The Chairman. Did you know his name ?
Mr. Chapman. No, sir.
The Chairman. Do you know his name now other than what you
have been told ?
Mr. Chapman, No, sir ; I don't.
The Chairman. All right. That picture may be made exhibit No.
13 for reference.
(Photograph referred to was marked "Exhibit No. 13" for refer-
ence and may be found in the files of the select committee.)
Mr. Kennedy. Mr. Chairman, we can identify him as Kobert
Belcher, a member of local 327 in Nashville. This gentleman has
been arrested 42 times and convicted and paid a fine on 13 different
occasions. He lias never served any time.
The Chairman. All right. His criminal record may be placed in
the record at this point.
IMPROPER ACTIVITIES IN THE LABOR FIELD
7201
(The document referred to follows :)
The following is the police record of Robert Karon Belcher ;
Charge
Disposition
Sept. 14, 1937
Nov. 13, 1937
Dec. 4, 1937
Do
May 25, 1938
July 15,1938
Aug. 9, 1938
Aug. 30, 1938
June 25,1939
Do
July 19,1939
Do
Get. 15,1939
Xov. 4,1939
Do
Nov. 21, 1939
June 20,1940
Do
July 18,1940
Feb. 26,1941
Do
Apr. 29,1941
June 8, 1941
Sept. 24, 1941
Oct. 1, 1941
May 15,1946
Aug. 19,1948
June 19,1949
Dec. 6, 1950
June 13,1952
Aug. 30,1952
Jan. 10,1953
Feb. 12,1954
May 4, 1955
Jan. 15, 1956
Do
Jan. 28,1957
Do
May 16,1957
Do
Aug. 17,1957
Nov. 1,1957
Vagrancy and loitering _
Larceny of auto
Driving drunk
Violating city ordinance
Receiving and concealing stolen property
Larceny of auto
Housebreaking and larceny
Petty larceny
Fast and reckless driving
Violating drivers' license law^
Assault and battery
Robbery from the person
Drunk in public place
Disorderly conduct
Vagrancy and loitering
Disorderly conduct
Vagrancy and loitering
Assault with a rock with intent
Disorderly and offensive; Dis
Drunk and disorderly; Dis
Deserter from Army
Vagrancy and loitering
Drunk and disorderly
Vagrancy and loitering
_^__do
Held for United States authorities, Narcotics Division
Drimk and disorderly
Loitering disorderly house
Disorderly
Receiving and concealing
Disorderly and offensive
Disorderly conduct
Drunk
Drunk and disorderly
Vagrancy..
Loitering
Drunk on street.
Vagrancy and loitering
Assaulr and battery
Assault with auto/intent C. C. DWI
Vagrancy
....do
Prosecutor failed to show.
$15.
Dismissed.
Do.
County court.
Dismissed.
Do.
Do.
Do.
Do.
Do.
Do.
$10.
$5.
Do.
Dismissed.
$25; suspended.
$5.
Do.
$10.
cc.
$5.
$25.
$50.
Do.
$25.
Pending.
The Chairman. You identified him as the man you saw in the car?
Mr. Chapman. Yes, sir.
Mr. Kennedy. You w^ere not able to identify the driver ?
Mr. Chapman
Mr. Kennedy.
Mr. Chapman
Mr. Kennedy.
Mr. Chapman,
Mr. Kennedy
plosion ?
Mr. Chapman,
No, sir.
Now you returned home ?
Yes, sir.
Did you hear the explosion that evening ?
Yes, sir; I did.
That was about 10 o'clock that you heard the ex-
Yes, sir.
The Chairman. In other words, about an hour or hour and a half
after you passed this car the explosion occurred ?
Mr. Chapman. Yes, sir.
Mr. Kennedy. Were you ever called before any grand jury?
Mr. Chapman. No, sir.
Mr. Kennedy. And you were interviewed by the police, you se-
lected these pictures, but you were never called before any grand jury ?
Mr. Chapman. Just the man they assigned to the case interviewed
me.
7202 IMPROPER ACTIVITIES EST THE LABOR FIELD
The Chairman. In other words, a couple of detectives or policemen
that they had assigned to the case interviewed you,
Mr, Chapman, Just the detective.
The Chairman, He is the one that presented the pictures to you and
you identified these two out of the group of pictures ?
Mr, Chapman. Yes, sir.
Mr, Kennedy, Nobody from the district attorney's office ?
Mr. Chapman, No, sir,
Mr, Kennedy, No assistant district attorney ?
Mr, Chapman, No, sir.
The Chairman, You were only interviewed one time ?
Mr, Chapman, Interviewed 3 or 4 times, sir.
The Chairman. Did you give them the same information each time ?
Mr. Chapman. Yes, sir.
The Chairman. Thank you very much, Mr. Chapman, You may
stand aside.
Call the next witness.
Mr. Kennedy. Mr. Luther C. Hargis.
The Chairman. Do you solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr, Hargis, I do, sir.
TESTIMONY OF LUTHER C. HARGIS
The Chairman. State your name, your place of residence, and your
business or occupation.
Mr. Hargis. My name is Luther C. Hargis. I am 32 years old. I
live at Corryton, Tenn., route 2.
The Chairman. Corryton ?
Mr. Hargis, Corryton, route 2, I am employed by Carbon Nuclear
Corp., Oak Ridge, Tenn.
The Chairman. Thank you very much.
You waive your right to an attorney to represent you while you
testify ?
Mr, Hargis, I do, sir.
The Chairman, Thank you very much.
You may proceed,
Mr, Kennedy. Mr. Hargis, you were in the vicinity of Powers
Grocery Store on the night of September 6, 1956, the night of the
explosion or dynamiting ?
Mr. Hargis. On the night of the explosion, approximately, I would
say 10 o'clock, I was going to get a pack of cigarettes in a neighboring
store which is across the street from Mr. Powers. I was walking
down the street toward the store approximately in the middle of the
block. I noticed at that time a car was parked in Mr. Powers' park-
ing lot, headed toward the store. At that time, I noticed a man get
out of the car, walk toward the store and stop some little distance
from the store — I would say 10 or 12 feet. Apparently, he sensed
that I was behind him or he heard something; I don't know. He
turned and when he did turn, by what visibility I did have I noticed
him put his hand up. When he did I noticed a light reflection at
the side of his head.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7203
I continued on, and lie come back and got in the car and the car
left. So I went on down, got my cigarettes and came back to my
home, which is on the corner. At that time, I lived at 3343 McCalla
Avenue.
I went in the house. My wife and boy had already gone to bed.
So I left the television on. Then I turned it off and I went in and
I went to bed. We had a large collie dog and he barked right smart
at anything that might occur or be around. I noticed he was barking.
I was sleeping next to the street. There was a street light on the
corner.
I raised up, and the window was up, it wasn't too cold at that time
of the year, and I looked out of the window. I saw this car, that I
thought was the same car, come down the street by my window or
on down toward Mr. Powers' supermarket.
The Chairman. How far was it from the window to the street
where the car passed ?
Mr. Hargis. Somewhere in the neighborhood of 50 feet. A very
short time after that then I heard the ex^^losion and I felt it, too.
In fact, I thought it was under my house.
So I got up as quickly as possible to see w^hat had occurred and I
went down.
Mr. Kennedy. Were you able to identify this man that you saw that
night just prior to the explosion ?
Mr. Hargis. The detectives. Detective Swanner and Detective Hudk-
son, I believe were the names; I believe it was in the next w^eek,
brought some pictures by and asked me if any of those pictures
they had resembled the man I saw. I looked at them and I picked out
the picture.
The Chairman. You picked out for them a picture ?
Mr. Hargis. I picked out a picture that I thought resembled the
man that I saw that night.
The Chairman. We present to you there exhibit No. 12 which has
three pictures of an individual. Will you examine that exhibit and
state whether you recognize the man in the picture or whatever you
can state about it.
Mr. Hargis. I would say that these pictures are of the same man
I saw before.
The Chairman. Is that the picture of the same man you identified
to the detectives ?
Mr. Hargis. That is the picture of the same man that I identified
to the detectives.
The Chairman. Some few days after ?
Mr. Hargis. Yes, sir; that is the one I told them I thought it to be.
Mr. Kennedy. Mr. Chairman, I might also point out that once
again this Mr. W. A. Smith from Nashville, Tenn., wears a hearing
aid and it might very well have been the hearing aid that this witness
saw reflected in the light at that time.
The Chairman. You saw something by the side of his face that was
reflected in the light ?
Mr. Hargis. Yes ; I did.
Mr. Kennedy. You were interviewed by Mr. Duft'y of the staff of
this committee ?
Mr. Hargis. Yes ; I was.
7204 IMPROPER ACTIVITIES EST THE LABOR FIELD
]\Ir. Kennedy. And Mr. Duffy asked if you could j)ick out this in-
dividual personally; is that right?
Mr. Hargis. Yes ; that is true.
Mr. Kennedy. You stood outside the courthouse in Nashville,
Tenn.?
Mr. Hargis. I stood inside the courthouse in Nashville, Tenn.
Mr. Kennedy. You stood inside the courthouse ?
Mr. Hargis. Yes. I was there approximately 45 minutes or an
hour and he asked me when the man comes by would I let him know.
When he did come by I recognized the man and I stepped around
the corner to keep him from knowing me being there. Mr. McShane
came down and I went back up with him.
Mr. Kennedy. But you picked this man out at that time as he was
walking into the courthouse ?
Mr. Hargis. Yes, I did.
The Chairman. You picked him out. You did not know who was
going to come along ?
Mr. Hargis. No. I picked him out from the resemblance of the
night I saw him at the supermarket.
The Chairman. In other words, you had not seen him since?
Mr. Hargis. No, I hadn't.
The Chairman. When did you identify him or recognize him in
the courthouse ? How long figo was that ?
Mr. Hargis. I believe it was in June.
The Chairman. That would be about a year afterward? You
had not seen him from October 1956 ?
Mv. Hargis. September.
The Chairman. September 6, when the dynamiting occurred. You
saw liim on the night the dynamiting occurred ?
INIr. Hargis. Yes, sir.
The Chairman. That was September the 6 and you had not seen
him any more until you saw him in the courthouse at Nashville in
June this year?
I\Ir. Hargis. Yes, sir.
The (^iiAiRMAN. You were able to recognize him from people com-
ing and going into and from the courthouse ?
Mr. Hargis. Yes; I picked him out. And I saw his picture of
course.
The Chairman. You had seen his picture ?
Mr. Hargis. Yes.
The Chairman. But other than the picture that you had picked
out of a group that the detective had presented to you, you had not
seen the man ?
Mr. Hargis. No.
The Chairman. But you picked out his picture from a group as the
man you saw and recognized there at the store that night of the
dynamiting?
]Mr. Hargis. Yes.
Tlie Chairman. Then, after having selected his picture some weeks
after the dynamiting, you then had not seen him or seen a picture of
him or anything until you recognized him again as he went into the
courthouse at Nashville.
IMPROPER ACTIVITIES EST THE LABOR FIELD 7205
Mr. Hargis. That is riolit. I picked him out from the visibility
at night. Of course, I had to take all that into consideration.
The Chairman. Did you learn what his name was ?
Mr. Hargis. I was told that it was W. A. Smith.
The Chairman. I guess we can take this picture and get Mr. Smith
here and look at the picture and look at him and pretty w^ell draw our
own conclusions as to whether it is W. A. Smith.
Is there anything else ?
Mr. Kennedy. That is all.
The Chairman. Thank you very much, Mr. Hargis. Stand aside.
Call your next witness.
Mr. Kennedy. Mr. James B. Bridges.
The Chairman. Mr. Bridges, will you come around, please, sir?
You do solemnly swear that the evidence you shall give before this
Senate select committee shall be the truth, the whole truth, and nothing
but the truth, so help you God ?
Mr. Bridges. Yes, sir.
TESTIMONY OF JAMES B. BRIDGES
The Chairman. What is your name, your place of residence, and
your business or occupation ?
Mr. Bridges. James B. Bridges. Home address 712 Benson Ave-
nue, Nashville, Tenn. I am with the Nashville Police Department,
city detective and automobile-theft division.
The Chairman. You waive counsel, I assume, Mr. Bridges ?
Mr. Bridges. Yes, sir.
The Chairman. All right, Mr. Kennedy.
Mr. Kennedy. I might say, before we start, that this w^itness' testi-
mony does not have any direct relationship to the testimony of the
three preceding witnesses, but is a matter that will be of some interest
to the committee.
The Chairman. All right.
Mr. Kennedy. You have been in the police department for how
long ?
Mr. Bridges. A little bit over 19 years.
Mr. Kennedy. In 1955, you were with the automobile-theft division
of the police department ?
Mr. Bridges. Yes, sir.
Mr. Kennedy. In November of 1955, specifically on November 21,
1955, was there a complaint made to you regarding a car that appeared
to have been stolen ?
Mr. Bridges. Yes.
]\Ir. Kennedy. Will you tell the committee about that ?
Mr. Bridges. On November 21, in the afternoon, 1955, we received
a complaint in our office of an automobile in the alley between Fourth
and Fifth— that is right off Fifth Avenue on the outside of the Shriner
Auditorium — of an automobile that Avas suspicious, had been there 2
or 3 days, and they would like to have it investigated.
That complaint came from a Mr. Dingley, of a paint company on the
South Side. I was working at that time by myself. Of course, there
were a couple of us assigned together, but that "happened to be the day
my partner was off, this particular time.
7206 IMPROPER ACTIVITIES IN THE LABOR FIELD
On arriving about 3 p. m., I found this automobile. Of course, it
is our duty in an investigation to check the automobile thoroughly.
On checking this automobile, I found it to be a 1951 Mercury, a grayish
green, having one license plate, 1-36769. I immediately, of course,
made a thorough investigation.
The next thing is to check the motor number of the automobile.
I found the motor number to be 51D826568M. Of course, on a thor-
ough investigation further, I found a book, a teamsters local-union
book laying on the floorboard of this automobile.
In checking the trunk of the automobile, I found a box of Hercules
exploding caps, dynamite caps, about 10 or 12. I guess in all there
were 2 dozen of them, with about 30 feet of wire. Also, there was
about a 10-pound sack of dog food and a couple of sacks of unshucked
corn. Of course, on finding this — of course, the dog food was
opened — I didn't know at the time whether it would be chip dynamite
or not. Not being an expert on explosives, I immediately notified my
superior, Chief Ritter, chief of detectives. He asked me to bring this
automobile to headquarters, which I did on this afternoon. He had
it impounded. We removed the dynamite caps and dog food and the
book.
Mr. Kennedy. Did you also find copper wire ?
Mr. Bridges. No ; I didn't get any copper wire, except this attach-
ment. There was about 30 feet of wire attached to the caps.
Mr. Kennedy. There was wire found ; 30 feet of wire ?
Mr. Bridges. Yes, sir. Immediately, then, after notifying the chief
of detectives, he ordered this car impounded and held for further
investigation. Then my job immediately was to take this automobile
and run it through our motor- vehicle division of the State. On check-
ing it through the State, I found this automobile — it took some time,
of course — being listed to Mr. McChaffin, of Route 2, Cookville, Tenn.,
with a lien on this w^ith the First Citizens Bank of Cookville, but it
had been retired.
Further investigation, of course, showed that this had been sold, and
somehow it had gotten back to a used-car lot, which I found out later.
In checking this automobile license plate that was on the automobile,
1-36769, 1 found that to be listed to a 1951 Chevrolet, to a William A.
Smith, in Donelson, Tenn. Motor No. JAM-393932 clarified it on both
ends of the motor number and of the license number.
Mr. Kennedy. So, there was a great deal of confusion as to the
license plate and as to the automobile itself, as to whose name it was
registered in ; is that right ?
Mr. Bridges. That is right.
Mr. Kennedy. There were very suspicious circumstances surround-
ing the ownership of the automobile.
Mr. Bridges. That is right. Of course after that. Chief Ritter and
I carried this evidence to the attorney general. General Loser at that
time, now Congressman Loser, where he proceeded with the investi-
gation.
I swore out a warrant on this W. A. Smith for violating the regis-
tration law. After that warrant was sworn out, I was out of town
at the time this came up, and we were looking for William A. Smith.
His attorney, Mr. Osborne, came to the police station, the detective
IMPROPER ACTIVITIES EST THE LABOR FIELD 7207
division, with an order from General Loser, for the release of the
automobile, as he had shown ownership.
Investigating it, I had found he had traded this 1951 Chevrolet
to a Jimmie Dye, who deals in used cars on Lafayette Street, for this
Mercury. Of course, it was turned over and, also, the warrant was
served on W. A. Smith at that particular time and he was carried to
the county jail. That is the end, so far as I know, of the investigation.
Mr. Kennedy. There were very suspicious circumstances surround-
ing the license plate of the automobile ; is that right ?
Mr. Bridges. Yes.
Mr. Kennedy. There were suspicious circumstances surrounding the
location of the automobile ; the automobile when searched was found
to have dynamite caps and wire, over two dozen dynamite caps ; is that
right ?
Mr. Bridges. Yes, sir.
Mr. Kennedy. Now tell me, after those facts, what wa.s Mr. W. A.
Smith's general reputation in your city ?
Mr. Brtoges. Not so hot.
Mr. Kennedy. Was it generally understood that the dynamiting,
that the violence that had taken place in your city was, at least partially,
the responsibility of Mr. Smith ?
Mr. Bridges. That was the general knowledge ; yes, sir.
Mr. Kennedy. Under all these circumstances, what happened to Mr.
Smith in connection with this ?
Mr. Bridges. After the warrant was sworn out my understanding
from checking the disposition of the case, it was carried to the court in
general sessions court, Judge Brown Taylor presiding.
Mr. Kennedy. What happened ?
Mr. Bridges. This case was dismissed. They had two cases the same.
I understand the man was arrested, this Smith, for violating the regis-
tration law, but this case was dismissed. I never was called to court
on it. I never was subpenaed.
Mr. Kennedy. That was the end of it ?
Mr. Bridges. That was the end of it.
Mr. Kennedy. You were never asked to further investigate Mr.
Smith to try to find out if there was any connection between these
dynamite caps, the evidence that you found, and the dynamiting
that had taken place in your city ?
Mr. Bridges. Nothing except turning it over to the attorney general
where his investigation picks up from there.
Mr. Kennedy. Beyond that you never heard anything from that ?
Mr. Bridges. No, sir.
Mr. Kennedy. It was turned over to the attorney general and you
never heard anything further about it?
Mr. Bridges. That's right.
Mr. Kennedy. And the case was dismissed ?
Mr. Bridges. The case was dismissed on this violation.
The Chairman. Is it a violation of the law to possess dynamite ?
Mr. Bridges. At that time it was not a felony to possess dynamite
caps or dynamite even. Since that time we have had an amendment
in the legislature that it is a felony now to possess any part of that.
Tlie Chairman. Was it a misdemeanor at that time?
89330— 58— pt. IS 11
7208 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Bridges. Nothing but a misdemeanor. You would have to
prove the purpose of it to be a misdemeanor.
The Chairman. Was there a violation of the law? You said the
case was dismissed. I mean on the evidence you had was there a viola-
tion of the law at that time ?
Mr. Bridges. No, sir.
The Chairman. Then there was no case.
Mr. Bridges. No case on the registration law of having this owned,
but the man was not in the car I imagine is the reason of the judge's
dismissal.
The Chairman. You have passed a law since that time ?
Mr. Bridges. Yes, sir ; we have.
The Chairman. I saw here in the record yesterday where he was
fined $2.50.
Mr. Bridges. I believe this is another officer that had that case.
The CHAiRMAN.That is another case ?
Mr. Bridges. That is right.
The Chairman. That is not this case ?
Mr. Bridges. That is right.
The Chairman. I present to you here a photograph to see if you
identify it, please.
(A document was handed to the witness.)
Mr. Bridges. Yes, sir ; I recognize it.
The Chairman. Do you recognize it ?
Mr. Bridges. Yes, sir.
The Chairman. State what it is.
Mr. Bridges. These are dynamite caps and dog food, and the license
plate.
The Chairman. That may be made exhibit No. 14.
(Photograph referred to was marked "Exhibit No. 14" for
reference and may be found in the files of the select committee.)
The Chairman. This is of the car you referred to ?
Mr. Bridges. Yes, sir.
The Chairman. The one you have been testifying about ?
Mr. Bridges. Yes, sir.
Mr. Kennedy. What did you say about the fact that he was not in
the car at the time ? AYliat did that have to do with this ?
Jklr. Bridges. He was not in the car at the time of the automobile
being picked up by myself.
Mr. Kennedy. What if he had been ?
Mr. Bridges. Then he would automatically have been violating the
registration law, of operating a vehicle. That is what we call for the
purpose of camouflaging a stolen ownership of the automobile.
Mr. Kennedy. That would be just the registration aspect of it.
Mr. Bridges. Yes, sir.
Mr. Kennedy. I would like to point out, Mr. Chairman, that accord-
ing to the witness' own testimony, there were all of these suspicious
circumstances surrounding this automobile, as well as the fact that Mr.
Smith was tied up with the dynamiting at least to public knowledge of
the dynamitings in the city, and after this occurred there were further
dynamitings in the city, and yet, as far as his information is concerned,
IMPROPER ACTIVITIES IN THE LABOR FIELD 7209
there was no further investigation made of this whole matter, although
they found all these dynamite caps and wire in the trunk of Mr.
Smith's car.
The Chairman. There were other dynamitings occurring in the
area there after this ?
Mr. Bridges. After this I understood there was, sir.
The Chairman. You didn't investigate those ?
Mr. Bridges. No, sir, that was not in my division. I was assigned
to this particular auto theft division.
Mr. Kennedy. This is the same Mr. W. A. Smith who has been
identified at the place of the dynamiting in the city of Knoxville,
for instance, in 1956 ?
The Chairman. All right. Thank you very much.
Mr. Ejennedy. The next witness is Detective G. T. Thompson.
The Chairman. Do you solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God?
Mr. Thompson. I do.
TESTIMONY OF G. T. THOMPSON
The Chairman, State your name, your place of residence, and
your business or occupation.
Mr. Thompson. My name is G. T. Thompson. I live at 1314 North-
ern Avenue, Nashville, Tenn. I work out of the sheriff's office.
The Chairman. You are a deputy sheriff ?
Mr. Thompson. Yes, sir.
The Chairman. Thank you.
Do you waive counsel ?
Mr. Thompson. Yes, sir.
Mr. Kennedy. On November 25, 1955, were you in Nashville,
Tenn. ?
Mr. Thompson. Yes, sir.
Mr. Kennedy. Did you make an arrest at that time ?
Mr. Thompson. Yes, sir.
Mr. Ivennedy. Would vou tell the committee about that?
Mr. Thompson. We were — my partner and myself — were just driv-
ing around the city as we usually do our patrol jobs, and I noticed
this 1951 Chevi'olet going down Fifth Avenue, and I couldn't find a
license plate on it anywhere, and so I pulled him over.
After pulling him over, he starting hollering about "I have got a
license. I have got a license." He had a license laying face down
right behind the back seat, which no one could see.
I was suspicious of it because I knew the fellow.
The Chairman. You knew the man ?
Mr. Thompson, I knew the man ; yes, sir. I have seen him a num-
ber of jDlaces and a number of times.
The Chairman, "Wliat would be his name ?
Mr. Thompson, W. A. Smith.
I picked up my microphone and I called the dispatclier, and I
checked that license number, and it was listed to W. A. Smith, on a
1951 Chevrolet.
7210 IMPROPER ACTIVITIES IW THE LABOR FIELD
In the meantime, the dispatcher said, "I have a stolen report on a
1951 Mercury with that same license." So instead of just giving him
a citation to be in court on a registration law for just having one license,
and it not showing, I carried him in. I contacted the attorney gen-
eral's office and Mr. Jim Richardson, and he in turn contacted At-
torney General Loser, and so they impounded the car.
The next day we went out to this garage where it was taken, and
we went through the car, and we found 2 rolls of wire, and some
dog food, 1 cloth glove, and a punch, just a regular punch.
The Chairman. What is that punch used for ?
Mr. Thompson. Well, I have seen it used to drill holes or knock
holes in things. Of course, it can be used for a number of things.
But it had been used quite a bit. It was pretty . roughed up. Of
course, I charged him with the registration law, and he made a bond
that night.
Of course, the case came up later, and he fought in court on it, but
I beat him and I got him the minimum fine of $2.50 and costs.
The Chairman. Is that the one where he got the $2.50 fine ?
Mr. Thompson. Yes, sir.
The Chairman. That is a pretty stiff penalty for violating the law
and carrying dynamite around, and dynamite caps, and so forth, for
the purpose of committing violence against other people's property.
That seems to be a rather weak penalty, may I say.
Of course, if that is the law, that is the law. I don't question that.
But I just marvekd yesterday when I saw tliis record. If it is
any crime at all, it seems to me it is of greater magnitude than a
$2.50 fine.
Mr. Kennedy. That was before Judge Taylor; is that right?
Mr. Thompson. That is right.
Mr. Kennedy. And he was fined $2.50 plus costs, and you found
the dynamite caps and the battery and the roll of connecting wire;
is that right ?
Mr. Thompson. That's right.
Mr. Kennedy. Did you ever interview Mr. Smith as to how he was
using this dynamite ?
Mr. Thompson. No, sir; I didn't. I turned the case over to the
attorney general's office, and I went with Mr. Richardson, who was
with attorney general's office, and I found this stuff and got it out and
turned it over to the office, and lie was supposed to make an investiga-
tion. Whether he did or not, I don't know.
Mr. Kennedy. Do you know if he was ever interviewed as to how
he was using this dynamite ?
Mr. Thompson. Not that I know of ; no, sir.
Mr. Kennedy. So there you found within 4 days of one another,
the police department was able to find in 2 separate cars of Mr.
Smith, both proceeding under suspicious circumstances, 2 separate
cars, you found a good deal of dynamite equipment ; is that not right ?
Mr. Thompson. That is correct.
IVIr. Kennedy. And the result of both of these arrests was fines of
$12.25 or a fine and costs of that amount.
Now, did you know of Mr. Smith's general reputation in the State
of Tennessee ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7211
Mr. Thompson. Yes. Of course, wliatever way you might bring
it out, he does have a pretty bad reputation.
Mr. Kennedy. He has been tied up, at least publicly, with the dyna-
mitings that have taken place in the State of Tennessee over the period
of the last 3 or 4 years; has he not?
Mr. Thompson. Well, every time one is dynamited, you can always
hear talk of Smith.
Mr. IvENNEDY. JS'ow, tliis is some year and a half later, when this
equipment was found in his car, and there were a good deal of dyna-
mitings later. For instance, Mr. Powers' store was dynamited at the
end of 1956, and it seems incredible — and I am not blaming you at
all — but it just seems incredible that something further was not done
at that time, when all of this evidence was found in his possession.
But you were not instructed to follow it up at all yourself ?
Mr. Thompson. No, sir; we had no instructions on it whatsoever.
Mr. Kennedy. You never heard anything further about the case?
Mr. Thompson. Nothing other than just the traffic violation which
we did make a case on.
The Chairman. V*1io claimed the car, and who finally got the cars,
both of them?
]Mr. Thompson. Of course, they held this Chevrolet for several days
there, and finally they turned it back over to Smith. Smith went and
got the car.
The Chairman. And he also got the Mercury, and he got the Chev-
rolet?
IMr. Thompson. I don't know about the IMercury.
The Chairman. I believe that was the testimony of the preceding
witness.
Mr. Thompson. I feel sure that that is right, but I do know he got
the Chevrolet.
Mr. Kennedy. There is a peculiar circumstance about that, because,
as I understand it, the Chevrolet was supposed to have been traded
into this Jimmie Dye's second-hand place, for the Mercury, and yet
both cars end up in the possession of Mr. W. A. Smith.
Mr, Thompson. Yes, sir.
Mr. Kennedy. Was that ever pursued to find out what further in-
formation could be obtained on that?
Mr. Thompson. I didn't follow that up because I had nothing to
do with the IMercury whatsoever.
Mr. Kennedy. Was tliere any coordination between the information
that your other police officer found, and what you found out?
Mr. Thompson. No, sir.
Mr. Kennedy. We have all of these threats, the dynamitings that
occurred immediately after the threats, and the testimony of Mrs.
Freels that this was common knowledge in the headquarters of the
teamsters, that these dynamitings were taking place, and these indi-
viduals were responsible for it, and then we have here these two police
officers that testified the dynamiting equipment was actually found
in tlie car of Mr. W. A. Smith.
Yet, as of this date, W. A. Smith and these other teamster officials,
except for Mr. Reynolds, still hold their same positions, are not either
removed by the teamsters or in jail by the authorities of Tennessee.
7212 IMPROPER ACTIVITIEIS IN THE lABOR FIEILD
The Chairman. I think Mr. Reynolds, according to the testimony,
is on probation, and if he can stay out of the penitentiary for a year,
he was to be rewarded ; is that not correct ?
Mr. Kennedy. If he could stay out of the penitentiary for a year
he is going to get another teamster local.
The Chairman. Thank you very much, Mr. Thompson.
Call the next witness.
Mr. Kennedy. That is all, Mr. Chairman.
The Chairman. The committee will stand in recess until 10 : 30
Monday morning.
(Thereupon, at 11 : 45 a. m., the committee recessed, to reconvene at
10 : 30 a. m., Monday, December 9, 1957.)
INVESTIGATION OF IMPROPER ACTIVITIES IN THE
LABOR OR MANAGEMENT FIELD
MONDAY, DECEMBER 9, 1957
United States Senate,
Select Committee on Improper Activities
IN the Labor or Management Field,
Washington^ D. G.
The select committee convened at 10 : 30 a. m., pursuant to Senate
Resolution 74, agreed to January 30, 1957, in the caucus room, Senate
Office Building, Senator John L. McClellan (chairman of the select
committee) presiding.
Present : Senator John L. McClellan, Democrat, Arkansas ; Senator
Irving M. Ives, Republican, New York; Senator John F. Kennedy,
Democrat, Massachusetts; Senator Pat McNamara, Democrat, Mich-
igan ; Senator Carl T. Curtis, Republican, Nebraska.
Also present : Robert F. Kennedy, chief counsel ; LaVern J. Duffy,
investigator ; James P. McShane, investigator ; Ruth Y. Watt, chief
clerk.
The Chairman, The committee will be in order.
(Members of the committee present at the convening of the session:
Senators McClellan, Ives, McNamara, and Curtis.)
The Chairman. Call your first witness.
Mr. Kennedy. Mr. Kobert McDowell.
The Chairman. Do you solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. McDowell. I do.
TESTIMONY OF ROBERT McDOWELL, ACCOMPANIED BY HIS
COUNSEL, OLIN WHITE
The Chairman. State your name, your place of residence and your
business or occupation.
Mr. McDowell. Robert McDowell, Nashville, Tenn. ; my business
is McDowell & McDowell, contractors.
The Chairman. Mr. McDowell, do you have counsel ?
Mr. McDowell. Yes, sir.
The Chairman. Mr. Counsel, will you identify yourself for the
record ?
Mr. White. Olin IVliite, attorney from Nashville.
The Chairman. Proceed.
Mr. Kennedy. What is your kind of business, Mr. McDowell ; what
sort of business do you operate ?
Mr. McDowell. We are primarily highway contractors.
Mr. Kennedy. Excavating and road construction work?
Mr. McDowell. Yes, sir.
7213
7214 IMPROPER ACTIVITIES IN^ THE LABOR FIELD
Mr. Kennedy. In 1953, did the teamsters come in and attempt to
organize your drivers ?
Mr. McDowell. Yes, sir, they did.
Mr. IvENNEDY. Wlien was the first conversation that you had with
any representatives of the teamsters union ?
Mr. McDowell. Well, it was, I think, in June of 1953 when Mr.
Smith came out and wanted us to sign a contract.
Mr. Kennedy. That is W. A. Smith ?
Mr. McDowell. Yes, sir.
Mr. Kennedy. He was a business agent of the teamsters local, is
that right?
Mr. McDowell. Yes, sir.
Mr. Kennedy. How many drivers did you have at that time ?
Mr. McDowell. I don't remember, probably 25 or 30.
Mr. Kennedy. 25 or 30 drivers ?
Mr. McDowell. Yes, sir.
Mr. Kennedy. Wliat position did you take with Mr. Smith regard-
ing signing the union contract.
Mr. McDowELi^. Well, we wanted our lawyer to read over the con-
tract before we signed it. We didn't want to sign it unless the major-
ity of our employees wanted it.
Mr. Kennedy. Did he say he had a majority of the employees ?
Mr. McDowell. Well, I don't remember whether he claimed he had
a majority or not, but he insisted that we sign it.
Mr. Kennedy. So you said you wanted to submit it to your lawyer
and you did submit it to your attorneys, did you not ?
Mr. McDowell. Yes, sir.
Mr. Kennedy. And your attorneys gave you some advice on it?
Mr. McDowell. Well, our attorneys said or advised us not to sign
it because he thought it was a closed-shop agreement, and he told us
that that was in violation of Federal and State laws.
Mr. Kennedy. Did you pass that on to Mr, Smith ?
Mr. McDowell. Yes, we told him.
Mr. Kennedy. Did you have a number of conversations following
that with Mr. Smith?
Mr. McDowell, Yes, sir, he came out very frequently.
Mr. Kennedy. '^'\'liat was his general position and his general de-
meanor when he came to visit you and talked about this contract?
Mr. McDowell. Well, he talked a little rough sometimes, in front
of the girls in the office, and he was very arrogant and insisted wo
sign it and sort of upset our office routine a little bit.
Mr. Kennedy. And he used profane language ?
Mr. McDowell. Yes, sir.
]Mr. Kennedy. On a number of different occasions, did he ?
Mr, McDowell. Yes, sir, quite a few times.
Mr. Kennedy. Was there a picket line established before your place
of business?
Mr. McDowell. Well, not around our office, but around this job we
had with the TVA up at Gallatin, there was.
Mr. Kennedy. That was your major job at the time, was it, at the
TVA?
Mr. McDowell. That was one of our major jobs.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7215
Mr. Kennedy. And the picket line was put uj) around there, is that
right?
Mr. McDowell. Yes, sir.
Mr. Kennedy. Did your truck drivers, working for your company,
join in on that picket line, did they go out on strike ?
Mr. McDow^ELL. Well, our employees didn't actually walk on the
picket line, but they would not cross the picket line and work, after the
picket line was there.
Mr. Kennedy. But, they were not participating actively in the
picket line ?
Mr. McDowell. None of our employees walked on the picket line
and carried a banner.
Mr. Kennedy. Did you ask the representatives of TVA that handled
the labor problems for TVA — diet you ask for their assistance in
settling the strike ?
Mr. McDowell. Well, the minute the work stopped, the TVA of-
ficials got in touch with us, and said they wanted to arrange a meeting
with the union to try to work it out so that the job could go ahead.
They arranged a meeting in Gallatin, in the Cordell Hull Hotel, be-
tween us and the union and the TVA, 3 parties were there.
Mr. Kennedy. Will you tell us about the meeting ?
Mr. McDowell. Well, Mr. Smith and Mr. Vestal of the union were
supposed to be there, but Mr. Vestal didn't show up. Mr. Smith was
the only one there. We thouglit that the purpose of the meeting was
to negotiate, but Mr. Smith just presented the same contract which we
refused to sign before, and said that that was it, and there were no
negotiations, we either signed that one or else.
Mr. Kennedy. The meeting broke up then ?
Mr. McDowell. That is right.
Mr. Kennedy. You obviously were not able to get along with Mr.
Smith. Did you try or did you make a protest to any higher union
oiScials regarding his bad use of language and his threats to you ?
Mr. McDowell. Yes; the day before the picket line appeared in
Gallatin, we called Mr. Vestal and asked him to come out to our office,
and he did. We told him that we would like to work the matter out
and we were unable to have much luck with Mr. Smith because he
didn't seem to talk our language.
We wanted to negotiate with Vestal, but he said that Smitty was
assigned to the case, and we had to talk to him, and he wouldn't talk
to us about it.
Mr. Kennedy. That is Mr. Don Vestal, president of local 327 ; that
is right ?
Mr. McDowell. Yes, sir.
Mr. Kennedy. Subsequently, after you had the meeting with
Vestal, and then you had the meeting at the Cordell Hull Hotel, did
you subsequently obtain a temporary injunction against picketing?
Mr. McDowell. Yes, sir.
Mr. Kennedy. In the courts ?
Mr. McDowell. Yes, sir.
Mr. Kennedy. That was on June 12, 1953 ?
Mr. McDowell. Yes ; along about that time.
Mr. Kennedy. That was against any kind of picketing at all ; is
that right ?
Mr. McDowell. Yes, sir.
7216 IMPROPER ACTIVITIES ES^ THE LABOR FIE[LD
Mr. Kennedy. "VVliat was the reason, or how were you able to ob-
tain that injunction ?
( The witness conferred with his counsel. )
Mr. McDowell. Well, there were some threats of violence on the
picket line, and they told some of our employees that if they went
across the picket line, they couldn't keep them from going along
but they could make them sorry if they did, and we were afraid
there would be violence, and we got an injunction.
Mr. Kennedy. That injunction was modified somewhat later, in
July 24, 1953?
Mr. McDowell. Yes; it was modified to permit peaceful picket-
ing.
Mr. Kennedy. During this period of time, June 12, 1953, and July
24, 1953, did you sign a contract with another union covering these
employees ?
Mr. McDowell. Yes, sir; we signed a contract with the United
Construction Workers, District 50.
Mr. Kennedy. That is John L. Lewis' local ?
Mr. McDowell. Yes, sir.
Mr. Kennedy. District 50 ; is that right ?
Mr. McDo^vELL. Yes, sir.
Mr. Kennedy. That covered all of your employees ?
Mr. McDowell. Yes, sir.
Mr. Kennedy. Did you have any difficulty or trouble with the union,
the teamsters union after you had signed up with John L. Lewis'
local?
Mr. McDowell. No ; everything went along smoothly for a couple
of months, up until Labor Day of 1953.
Mr. Kennedy. What happened on Labor Day, 1953 ?
Mr. McDowell. That is when we had this dynamite put on our
equipment and blew a lot of it up.
Mr. Kennedy. Where was that equipment blown uj) ?
Mr. McDowell. It was on this Government project there, at the
Gallatin steam plant, the TVA.
The Chairman. Let me see if I understand. You had not been
able to enter into a contract with the teamsters ?
Mr. McDo\\t:ll. That is right.
The Chairman. But you later entered into a contract with another
union. ^Yliat was the name of it ?
Mr. McDowell. The United Construction Workers, affiliate of the
United Mine Workers.
The Chairman. In other words, your men joined that union ?
Mr. McDowell. Yes, sir.
The Chairman. And you were organized, and you were union-
ized?
Mr. McDowell. Yes, sir.
The Chairman. How long after you were unionized in that union,
before this dynamiting occurred ?
Mr. McDowell. Well, it was 6 weeks or 2 months, something like
that.
The Chairman. Some 6 weeks or 2 months afterward ?
Mr. McDowell. Yes, sir.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7217
The Chairman. Did you have any warning, or had there been any
trouble or any threats or anything to indicate that some violence was
going to occur ?
Mr. McDowell. No ; we thought everything was in good shape, and
we weren't expecting anything at that time.
The Chairman. Proceed.
I just wanted to get the record clear.
Mr. Kennedy. Now, what was the loss in equipment and damages
in that dynamiting that occurred, of your equipment ?
Mr. McDow^ELL. Approximately $100,000.
Mr. Kennedy. Did the police and sheriff's office and any other Gov-
ernment agencies come in to make investigations ?
Mr. McDowell. Well, yes; there was some investigation. The
county sheriff there in Suimier County, he made an investigation. The
Tennessee Bureau of Investigation did. They made some investigation.
Mr. Kennedy. You also tried to bring in the Federal Government ;
did you not ?
Mr. McDowell. Yes ; we called the FBI.
Mr. Kennedy. Did you subsequently submit an affidavit or your
attorney submitted a memorandum to the United States attorney in
the district showing or attempting to show that the Federal Govern-
ment had jurisdiction because this damage occurred on Government
property ?
Mr. McDowell. Yes, sir ; when we first called them, they said that
they could not have anything to do with the case, and then a few days
later, they called back our attorney and told him if he could give them
some jurisdiction, they would come in.
So he wrote them a letter and cited certain things that he thought
gave them jurisdiction. He presented that letter to the United States
deputy marshal, I think, or the district attorney. But we never heard
any more from it.
Mr. Kennedy. That case was never solved ?
Mr. McDowell. No, sir.
The Chairman. You said this occurred on Government property?
Mr. McDowell. Yes, sir.
The Chairman. Give us the background of that. I don't quite
understand that. You were building highways, as I understand it?
Mr. McDowell. It was an entrance road for the TVA, at the Galla-
tin steam plant. It was Government, if the TVA is considered
Government.
The Chairman. Was your contract with the Government ?
Mr. McDowell. It was with the Tennessee Valley Authority.
The Chairman. The Tennessee Valley Authority ?
Mr. McDowell. Yes, sir.
The Chairman. All right.
Mr. Kennedy. And this dynamiting of your equipment took place
on Labor Day of 1953 ; is that right ?
Mr. McDowell. Yes, sir.
Mr. Kennedy. Approximately what time did the dynamiting
occur ?
Mr. McDowell. Well, it was sometime about 2 or 3 or 4 : 30 in the
morning, I believe it was, sometime around there. It was before
daylight.
7218 IMPROPER ACTIVITIES IN^ THE LABOR FIELD
Mr. Kennedy. Did some of the dynamite fail to go off ?
Mr. McDowell. Yes, sir ; there was about 12 or 15 sticks wired on
a power shovel, which failed to go off.
The Chairman. Wired on what ?
Mr. McDowell. Wired on a power shovel.
The Chairman. Let me ask, was any Government property damaged
by the dynamiting, any Government property ?
Mr. McDowell. No.
The Chairman. It was all your private equipment?
Mr. McDowell. Yes ; it was all our equipment.
Mr. Kennedy. You took some pictures of the damage to the equip-
ment and also the dynamite ; is that true ?
Mr. McDowell. Yes, sir.
Mr. Kennedy. The dynamite that was found ; is that right ?
Mr. McDowell. Yes.
Mr. Kennedy. These are the pictures, Mr. Chairman.
The Chairman. I present you here four different pictures for your
examination and identification.
( The documents were handed to the witness. )
The Chairman. Do you identify those pictures ?
Mr. McDoAVELL. Yes, sir.
The Chairman. What are they ?
Mr. McDowell. Well, the first one is a picture of the dynamite
which did not explode.
The Chairman. Now, that will be made exhibit ISA.
(The document referred to was marked "Exhibit 15A" for refer-
ence and may be found in the files of the select committee.)
Mr. McDowell. The other three pictures of the equipment in the
condition it was in after the dynamite explosion on them.
The Chairman. Those three may be made exhibits 15, B, C, and D.
(The documents referred to were marked "Exhibits 15, B, C, D," re-
spectively, for reference and may be found in the files of the select
committee. )
Mr. I^NNEDY. Did you turn over this dynamite to the police offi-
cials, the dynamite that failed to explode? Was that examined by
any of the law-enforcement officials ?
Mr. McDowell. I think it was examined by the county sheriff
there at Sumner County, and I don't think anyone ever took it away.
I think we finally destroyed it ourselves.
Mr. Kennedy. Did you feel there was a complete and thorough
investigation in this matter ?
Mr. McDowell. Well, of course, we were a little disappointed that
nothing ever turned up. We felt like the case should have been
solved.
JVIr. ICennedy. Did you have any other violence occur in connection
with the work you were doing ?
Mr. McDowell. Not on this particular project, but we later had
some dynamite thrown on the roof of our office building. I think it
was December 18, of the same year.
Mr. Kennedy. Wliat was the damage that occurred then?
Mr. McDowell. It blew a hole through the roof of our office, about
$1,200 worth of damage.
Mr. Kennedy. Did you also find some dynamite in this instance,
that failed to go off ?
IMPROPER ACTIVITIES EST THE LABOR FIELD 7219
Mr. McDowell. Yes, sir ; we found two homemade bombs, on top
of our building, which had failed to go oif. They had apparently
been there for some time.
The Chairman. Is this loaded ? Do you recognize this ? What do
you call that ?
Mr. McDowell. Well, it is a homemade bomb, that is all I know
to call it, and right now it is just a piece of pipe. But they had the
dynamite inside.
The Chairman. There is no dynamite in it now ?
Mr. McDowell. No. There is a hole here where the fuse came
out. I imagine it was put in this, so that when they threw it, it
would go through a window.
Senator Curtis. Are you familiar with dynamite ?
The Chairman. Let us get it in the record. Is that the identical
bomb that you found ?
Mr. McDowell. This is one of them ; yes, sir.
The Chairman. On the roof ?
Mr. McDowell. Yes, sir.
The Chairman. That may be made exhibit No. 16.
(The object referred to was marked "Exhibit No. 16" for reference
and may be found in the files of the select committee.)
The Chairman. We will have to make that for reference only, I
believe.
Mr. McDowell. There was another one just like this.
Senator Curtis. What would be the potential damage of tliat if
it went off in a building occupied by workmen or other individuals?
Mr. McDowell. Well, it would have the same effect as a grenade,
I think.
Senator Curtis. How much destruction could that bring about ?
Mr. McDowell. Well, the one that exploded brought about $1,200
worth of property damage, and it could kill somebody if there was
anybody around it. It happened when there was nobody in the office.
Senator Curtis. Could this wreck a building or a part thereof?
Mr. McDowell. I wouldn't think it could totally wreck one. but it
could do a lot of damage to it. It would only hold about 2 or 3 sticks
of dynamite, at the most, l^^ien it exploded it would do like shrapnel
from a hand grenade.
Senator Curtis. It could kill people ?
Mr. McDowell. I think it would, if anyone was close to it when it
went off.
Senator Curtis. That is all.
Mr. Kennedy. Now, did you connect these acts of violence with
your dispute with the teamsters union ?
(The witness conferred with his counsel.)
Mr. McDoweli.. We felt that it arose out of those disputes, because
we didn't have any disputes with anybody else, and they were the only
ones we were having any misunderstandings with.
Mr. Kennedy. Did you report that to the law-enforcement agencies,
and you felt that at the time, did you not ?
INl'r. ]McDowell. Yes, sir.
Mr. Kennedy. In 1953, you reported that to the law-enforcement
agencies ?
Mr. McDowell. Yes, sir.
7220 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Kennedy. Do you know if anybody was ever arrested in con-
nection with this ?
Mr. McDowell. Xo, sir.
Mr. Kennedy. Did you report to them the conversations that you
had with W.A.Smith?
Mr. McDowell. Yes, sir.
Mr. Kennedy. And you reported that at the time, in 1953, when
these dynamitings occurred ?
Mr. McDowell, Yes, sir.
Senator Cuetis. This incident of this homemade bomb that we have
just looked at, to whom did you report that ?
Mr. McDowell. Well, I don't remember the particular individual,
but it was reported to the Davidson County sheriff's office and the city
of Nashville Police Department, and Tennessee Bureau of Investiga-
tion, and the Federal Bureau of Investigation.
Senator Clhrtis. How soon after it was discovered was this report
made ?
Mr. McDowell. We reported it immediately.
Senator Curtis. What branch of the law-enforcement machinery
took possession of the homemade bomb ?
Mr. McDowell. It seemed to me like one of the deputy sheriffs
took it and brought it back the same day. I think the deputy sheriff
was the only one who examined it, to the best of my knowledge.
Senator Cuetis. Do you know whether they took any fingerprints
of it?
Mr. IMcDowELL. No, sir, I don't.
Senator Curtis. Did they unload it or did you do that ?
Mr. McDowell. I believe we had someone in our organization that
was familiar with dynamite, and we had him take the dynamite out
so it would not hurt anybody.
Senator Curtis. Was this before or after you turned it over to the
sheriff?
ISIr. INIcDowELL. It was after the officers had looked at it. We let
them see it in the exact condition that we found it in.
Senator Curtis. But did they take it from the premises ?
Mr. JSIcDowELL. The best I can remember, they did. I think they
took it that morning and brought it back that afternoon.
Senator Curtis. To your knowledge, what persons, if any, did they
pick up and question about this ?
Mr. JNIcDowELL. I don't know of them questioning anybody about
it, myself.
Senator Curtis. Do you think they did ?
Mr. McDowell. I don't think they did. At least, if they did, it
was not public information.
Senator Curtis. That is all.
Senator McNamara. Mr. Chairman, I have a couple of questions.
The Chairman. Senator McNamara.
Senator McNamara. You indicate that somebody in TVA ar-
ranged a meeting between you and the representatives of the teamsters
union ?
Mr. McDowell. Yes, sir.
Senator McNamara. Who arranged the meeting? "Wlio were the
people in TVA ? Do you remember the man's name ?
IMPBOPER ACTIVITIES EST THE LABOR FIELD 7221
Mr. McDowell. I don't remember the man's name. His title
was — what was it ?
(The witness conferred with his counsel.)
Mr. McDowell. Labor conciliator or labor relations man or public
relations man or something.
Senator McNamara. You think he was officially connected with
TVA?
Mr. McDowell. Yes.
Senator McNamaira. "Wliere was the meeting held ?
Mr. McDowell. It was in the basement of the Cordell Hull Hotel
in Gallatin, Tenn.
Senator McNamara. Wlien the United Construction Workers, a
division of the United Mine Workers, came into the picture, how did
they come into the operation? Did you send for them or did they
just appear on the scene ? How did they get into it ?
Mr. McDowell. Well, they had contacted us on several previous
occasions, wanting us to sign up with them. They came to us again
after this happened, and we thought we would give them a try. So
we told them if the men wanted to sign up, it would be all right with
us. They sent a man aroimd to see the men, and most of them
signed up.
Senator McNamara. They approached you? They got your per-
mission to approach your organization to sign them up ?
Mr. JNIcDowell. Yes.
Senator McNamara. Did they have a uniform contract that you
agreed to go along Avith ?
Mr. McDowell. Yes. We signed a contract with the UCW.
Senator McNamara. The first time they contacted you, before they
went out to organize your employees ?
Mr. McDowell. I believe we waited until they contacted the em-
ployees before we signed the contract, to see that the employees^ — ■ —
Senator McNamara. But you agreed in advance to go along with
the terms of the contract ?
Mr. McDowell. We agreed to sign the contract, if the employees
signed up and wanted it.
Senator McNamara. Was there a difference in the wage scales be-
tween the teamsters contract and the United Construction Workers ?
Mr. McDowell. The wage scale was set out in our contract with
the Tennessee Valley Authority. We paid the same wage scale re-
gardless of which union or whether or not we had any union.
(The witness conferred with his counsel. )
Mr. McDowell. Our dispute with the teamsters was not over wage
scales. It was more over working conditions.
Senator McNamara. The working conditions were spelled out dif-
ferently in the contract submitted by the United Construction
workers ?
Mr. McDowell. Yes, sir.
Senator McNamara. But the wage scale was no different, and after
your employees became unionized, you paid the same scale as you
did prior to that, is that right ?
Mr. McDowell. Yes, sir.
Senator McNamara. Do you presently have a contract with the
United Construction Workers ?
7222 IMPROPER AcnvmES in the labor fieild
Mr. McDowell. No. We have a contract now with the teamsters.
Senator McNamara. With the teamsters. That is all, Mr.
Chairman.
The Chairman. What I cannot understand is after you were union-
ized, the teamsters did not bother you any more, so far as making
contact with you, and trying to negotiate a contract with you, did they ?
Mr. McDowell. No.
The Chairman. What was the purpose of these bombings? Was
it just revenge? If they did it as emanating from that trouble that
you had or disagreement about signing a contract with them, what
could be the motive ? Wliat could be the purpose, if you were already
unionized ?
(The witness conferred with his counsel. )
Mr. McDowell. Well, you see, we were unionized, but not with the
teamsters. They had lost the contract. We were unionized with
UCW, but not with the teamsters.
The Chairman. I understand that, but they did not come back to
you after you were unionized and try to negotiate with you, did they ?
As I understand you, they did not.
Mr. McDowell. No, they did not contact us any after we signed
with UCW.
(The witness conferred with his counsel.)
The Chairman. Is there anything further ?
Mr. McDowell. The injunction held them off then, I think. The
injunction was still in effect.
The Chairman. I see. Senator McNamara?
Senator McNamara. How come the switch from the United Con-
struction Workers back to the teamsters ? What brought that about ?
( The witness conferred with his counsel. )
Mr. McDowell. Well, we later felt that it was in the best interests
of our business to get back with the teamsters. We had some work
under the jurisdiction of the National Building Trades Council which
we could not do without belonging to the AFL.
Senator McNamara. Then the United Construction Workers did not
claim jurisdiction in building work, but just on road construction?
Was that the situation ?
Mr. McDowell. The contract that we had with the United Con-
struction Workers was on a job basis. We signed a contract just to
cover that one project, and when we finished the job, that contract
was no longer in effect unless we renewed it.
Senator McNamara. Now, you operate a union shop in agreement
with the teamsters union as well as the building trades, is that the
situation ?
Mr. McDowell. Yes.
Senator McNamara. In the building trades, do you have separate
contracts with various unions in the building trades ?
Mr. McDowell. Yes, sir.
Senator McNamara. Negotiated through the Association of Gen-
eral Contractors? Is that the situation? Or do you do it indi-
vidually?
Mr. McDowell. Well, it is not done through the association, but
it is done more or less on an individual basis
IMPROPER ACTIVITIES IN THE LABOR FIELD 7223
Senator McNamaka. A regional basis ?
Mr. McDowell. Yes.
Senator INIcNamara. Are you a member of the Associated General
Contractors ?
Mr. McDowell. No, we are a member of the American Roadbuilders
Association.
Senator McNamara. But you do work in the building construction
field as well as road construction ?
Mr. McDowell. Yes, we do excavation in connection with buildings.
Senator McNamara. But you do not do any general contracting?
Mr. McDowell. Well, on a small scale, not on a large scale.
Senator McNamara. Do you mean 10 percent of your business or
more?
Mr. McDowell. Probably 5 percent would be closer.
Senator McNamara. Thank you. That is all.
The Chairman. Did this bombing have anything to do with per-
suading you to join the teamsters ?
Mr. McDowell. No. We joined the teamsters about 2 years ago
when Ford Motor Co. started building a big glass plant in Nashville,
and we had a large contract.
The Chairman. Who did you deal with in that contract? The
same man ? Was it Smith ?
Mr. McDowell. Well, we had our dealings at that time with the
president of the National Building Trades Council, and Smith was
also there.
The Chairman. All right. Is there anything further ?
Mr. Kennedy. No.
The Chairman. Thank you.
Call the next witness.
Mr. Kennedy. Mr. Elzie Clements.
(Members present at this point: Senators McClellan, Ives, Mc-
Namara, and Curtis.)
The Chairman, You do solemnly swear the evidence you shall give
before this Senate select committee shall be the truth, the whole truth,
and nothing but the truth, so help you God ?
Mr. Clements. I do.
TESTIMONY OF ELZIE R. CLEMENTS
The Chairman. State your name, your place of residence, and your
business or occupation.
Mr. Clements. My name is Elzie R. Clements. My place of busi-
ness is Strauss Avenue and Gallatin Road, Nashville, Tenn. My
home address is 3005 Hilltop Avenue, Nashville.
Mr. Kennedy. Your occupation ?
Mr. Clements. Barber. I own and operate a barber shop.
The Chairman. You waive counsel, do you, Mr. Clements ?
Mr. Clements. Yes, sir.
The Chairman. Proceed, Mr. Kennedy.
Mr. IvENNEDY. Before we start, Mr. Clements, how big are you ?
Mr. Clements. I am 5 feet 2% inches and weigh 110 pounds.
Mr. Kennedy. Were you having some difficulty with the barbers
union back in 1953 ?
80330— 58— pt. 18 12
7224 IMPROPER AcnvrriES inp the labor field
Mr. Cle]vients. Yes, I was.
Mr. IvENNEDY. It started at the beginning of 1953 ; is that right ?
Mr. Clements. On or about near that.
Mr. Kennedy. Some time in the begimiing of 1953 or the end of
1952; is that right?
Mr. Clements. Right.
Mr. Kennedy. And that cuhninated on December 18, 1953, with
your store being dynamited ; is that right ?
Mr, Clements. Yes, sir.
Mr. Kennedy. And your whole store was destroyed ?
Mr. Clements. Yes, sir.
Mr. I^NNEDY. Damaged to about $5,000 ?
Mr. Clements. Yes, sir.
Mr. Kennedy. Mr. Chairman, I would just like to point out that
the dynamiting of Mr. Clements' store took place on December 18,
1953, which was the same day as the dynamiting of the previous wit-
ness' office place, December 18, 1953. Mr. McDowell's office was dyna-
mited on the same day.
The Chairman. Are the buildings close together ?
Mr. Kennedy. They are both in Nashville.
The Chairman. They are both in Nashville ?
INIr. Kennedy. That is correct.
During the period of 1953, did you have have some of your windows
broken and other threats made to you ?
Mr. Clements. Yes, I did.
Mr. Kennedy. Will you tell the committee about that ?
Mr. Clements. I had my windows broken and my tools, my barber
tools, clippers, razors, shears, all broken up, and my work benches
broke up.
Mr. Kennedy. How often did you have your windows broken ?
Mr. Clemets. Well, I had them broken three times altogether, and
I can't say how close together.
Mr. Kennedy. But three different instances ?
Mr. Clements Yes, with the windows, and one time the tools tore
up.
Mr. Kennedy. One time 2 windows and the other time 1 window?
Mr. Clements. No, the tools were tore up 1 time, and my windows
were broken 3 times, but I can't say how close.
Mr. Kennedy. The barbers union was under Mr. Sanders ; was it ?
Mr. Clements. Sanders, C. C. Sanders.
Mr. Kennedy. He attempted to organize you ?
Mr. Clemets. Yes, sir, he wanted to organize me.
Mr. Kennedy. And 3^ou had working for you at that time some four
barbers, is that right, approximately.
Mr. Clements. I had 3 or -l.
Mr. Kennedy. Three or four barbers working for you ?
Mr. Clements. Yes, sir.
Mr. Kennedy. You did not want to join the union. Could you tell
the committee why you did not want to go into the union ?
Mr. Clements. Well, in the first place, my barbers at that time was
getting all they took in, and if there was three of them working they
were paying a third of the expenses, and they did not want to join the
union. I felt like I could not operate under them.
IMPROPEK ACTIVrrrES IN- THE LABOR FIELD 7225
Mr. Kennedy. They did not want to join the union. You had the
arrangement that everything they took in, they kept, and they would
split the expenses of the store ; is that right ?
Mr. Clements. That is right.
Mr. Kennedy. They would split the expenses between them all ?
Mr. Clements. Each man got what he took in on his chair, and
then the expenses we split that between them.
Mr. Kennedy. What was the difficulty with the union ? Why didn't
you want to join the miion '^
Mr. Clements. Why did I ?
Mr. Ivennedy. ^YhJ didn't you want to join the union ?
Mr. Clements. Well I was getting 50 cents for a haircut. That is
when nearly everybody was getting 50 cents, and they just started to
organize then. So I would have to change my prices, change my
hours.
Mr. IvENNEDY. Why would you have to change your prices ?
Mr. Clements. I would have to have went to a union scale.
Mr. Kennedy. What was the union scale ?
Mr. Clements. I believe at that time, it was 75 cents.
Mr. Kennedy. So if you joined the union, you would have to raise
the price of a haircut to 75 c^nts ?
Mr. Clements. Yes, sir.
Mr. Kennedy. It was not a question of how much you were pay-
ing the barbers, but how much you would charge the people for get-
ting a haircut ?
Mr. Clements. Oh, no. In fact, my barbers didn't like it when
I did join the union finally.
Mr. Kennedy. You would have to raise the price of a haircut from
50 cents to 75 cents, if you j oined the union ?
Mr. Clements. Yes.
Mr. Kennedy. Was that difficult for you in that area ?
Mr. Clements. It was. You see, I have a lot of children that comes
to my shop. I give them something, maybe a penny, a nickel, a
dime, something just to show my appreciation that they would stop
by. Well, I would have to quit that, because they would say it was
unfair competition. Then I would have to change my hours. I was
staying open until 8 o'clock. I would have to close at 6, and open
up at 10. So I felt like I could not operate under that condition.
Mr. Kennedy. During this year period, did they have a picket line
out in front of your shop ?
Mr. Clements. Well, they did not picket me until after the shop
was blowed up. They picketed my new shop, the one I got now.
Mr. Kennedy. You rebuilt your old shop after it was dynamited ?
Mr. Clements. Yes, sir, with the help of the neighbors around
there. They put in and give me quite a bit, some $5, some $10, the
churches give me some, $15, $20, and I finally got a new shop there.
Mr. Kennedy. In the same location ?
Mr. Clements. Yes, sir.
Mr. IvENNEDY. Did you bring in a partner at that time ?
Mr. Clements. Yes, sir. Well, I had a partner.
Mr. Kennedy. Mr. Evans ?
Mr. Clements. Harper, Mr. Koy Harper.
7226 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Kennedy. Did you also bring in someone else at that time to
assist you with the barbershop '^ Mr. Adams ?
Mr. Cleiments. Well, when I was having that trouble, I did;
yes.
Mr. KJENNEDY. What was Mr. Adams to do ? Was he in the police
department ?
Mr. Clements. Yes ; he was.
Mr. Kennedy. A nd he invested some money in the barbershop ?
Mr. Clements. He had some money in the shop.
Mr. IvENNEDY. And he was going to provide you some protection ;
is that right ?
Mr. Clements. Yes, sir.
Mr. Kennedy. Did you go to the police department during this
period of time and tell them about these things that were happening
to you ?
Mr. Clements. Yes ; I did.
Mr. Kennedy. "What did they say to you ?
Mr. Clements. Well, I could not get any satisfaction out of it,
and the best I remember they said that they did not want — I don't
know if it is the exact words or not, but they did not want to mess
with the labor trouble. They tried to stay out of labor trouble. It
was something to that effect.
Mr. Kennedy. Who said this to you ?
Mr. Clements. Well, I was told that a number of times.
Mr. Kennedy. By the various representatives of the police depart-
ment ?
Mr. Clements. Yes.
Mr. Kennedy. So you brought in Mr. Adams, who was going to help
provide protection. Did you also purchase a gun ?
Mr. Clements. I did.
Mr. Kennedy. You purchased a gun. Did you get a license to carry
a gun ?
Mr. Clements. I did not.
Mr. Kennedy. You just got a gun ?
Mr. Clements. I just got a gun.
Mr. Kennedy. Was that to protect yourself ?
Mr. Clements. Yes, sir.
Mr. Kennedy. You felt you needed it by that time ?
Mr. Clements. Yes, sir.
Mr. Kennedy. That was after the dynamiting of the store ?
Mr. Clements. That was after the dynamiting, and several folks
were getting beat up around. I just did not want that to happen to
me.
Mr. Kennedy. Did you ever have any incidents in connection with
the gun ?
Mr. Clements. Yes ; I did.
Mr. Kennedy. Would you tell the committee what happened?
Mr. Clements. Well, Mr. Adams told me that somebody told him
that he could not be down there any more.
Mr. Kennedy. You mean one of the officials in the police department
told him he could not stay around ?
Mr. Clements. That is the way I understood it.
Mr. Kennedy. That he could not stay around there any more ; is
that riffht?
IMPROPER ACTIVITIES EST THE LABOR FIELD 7227
Mr. Clements. That is the way I understood it. So he sent a boy
down to tell me that day that they were going to whip all the barbers
in that shop that night, when they closed,
Mr. Kennedy. They were going to beat them all up ?
Mr. Clements. That is right.
The Chairman. Who sent you that message ?
Mr. Clements. Tom Adams.
The Chairman. Was he a policeman ?
Mr. Clements. Yes, sir.
(At this point Senator Ives withdrew from the hearing room.)
The Chairman. All right. He sent you word that you were going
to get beaten up that night — a policeman ?
Mr. Clements. Yes, sir.
The Chairman. All right ; go ahead.
Mr. Kennedy. This is the same policeman that had invested money
in your barbershop ?
Mr. Clements. Yes, sir.
Mr. Kennedy. Who had been giving you protection ; is that right ?
Mr. Clements. Yes.
Mr. Kennedy. But he had been called off by his superiors and told
he could not stay down there any more.
Mr. Clements. That is the way I understood it.
Mr. Kennedy. So he sent a message that on this particular night,
you and the rest of the barbers were going to be beaten up; is that
right ?
Mr. Clements, Yes, sir.
The Chairman. Is that why he was called off, so that those who
were to administer the beatings would have a freer hand at the job?
I am just trying to piece these things together. He gets called off of
the job, and then sends you word the same day, as I understand it, that
all of you are going to get beaten up that night when you quit work.
Mr. Clements. That is right.
Senator Curtis. Do you know how he obtained the information that
these beatings were to take place ?
Mr. Clements. No, I do not.
Senator Curtis. Did he say anything about who was going to
doit?
Mr. Clements. I don't believe he did.
Senator Curtis. Do you have any evidence that this crusade against
you in various forms of violence was being backed by other barbershops
in the city ?
Mr. Clements. Well, there were a lot of barbers on the picket line;
yes, sir.
Senator Curtis. I am referring to owners of barbershops.
Mr. Clements. Well, you see, I stayed open later than they did.
They closed at 6 ; I stayed until 8 or 9. So when they closed at 6, they
would all come over there.
Senator Curtis. They would come over and help picket?
Mr. Clements. Yes; there would be about, I would say, roughly
25. 30, or maybe 50 guys each night.
Senator Curtis. That were barbers ?
Mr. Clements. Well, not all of them barbers. A lot of them were
barbers.
7228 IMPROPER ACTIVITIES EST THE LABOR FIELD
Senator Curtis. Were any sliopowners on the picket line ?
Mr. Clements. Yes, sir. Well, tliey didn't carry the sign. They
had one hired man to carry the sign.
Senator Curtis. But they showed up there ?
Mr. Clements. Yes, sir.
Senator Curtis. Do you have any evidence that they knew about
or took part in any way in the violence ?
Mr. Clements. I could not sav. Do you mean the blowing up and
all?
Senator Curtis. Yes.
Mr. Clements. I could not say.
Senator Curtis. Thank you.
Mr. Kennedy. This night that you received this message, you
closed up your barbershop and started liome, did you ?
Mr. Clements. Yes, sir.
Mr. Kennedy. Would you tell the committee what happened then?
Mr. Clements. I closed that night. I was getting ready to go home,
so down this side of the shop the street was full, and up this other side
there was a car with, if I am not badly mistaken, with six standing
around here, and a patrol car. They were talking to the people in a
patrol car.
The Chairman. Do you mean a police patrol ?
Mr. Clements. Yes, sir.
Mr. Kennedy. The first time. Weren't you stopped prior to tliat
time, in the alley ?
Mr. Clements. Well, I could not get this way. I could not get this
other way, so I go up the alley.
Mr. Kennedy. Why couldn't you go either way ?
Mr. Clements. Well, they had all these people down there. I did
not want to get involved with these over here or these over here, either,
so I went up the alley.
Mr. Kennedy. Did you meet anybody in the alley ?
Mr. Clements. Tom told the boy to tell me that he would wait for
me in the alley.
Mr. Kennedy. Prior to that time, had you brought vour gun out
at all?
Mr. Clements. Wien I got to the end of the alley, this car cut me
off. He went around Gallatin Road and down Douglas Alley to
where this alley was, and he cut me off there.
Mr. Kennedy. And you could not get out ?
Mr. Clements. No ; I could not get out. It was very narrow.
Mr. Kennedy. So what did you do ?
Mr. Clements. So they were out.
Mr. Kennedy. Did they come out of the car ?
Mr. Clements. Some of them was out.
Mr. Kennedy. Did you see anybody ? Did you recognize anybody ?
Mr. Clements. Well, not out of that car, but the one that was down
in the side of this man's yard was Perry Canaday.
Mr. Kennedy. Of the teamsters' union ?
Mr. Clements. Yes, sir.
Mr. Kennedy. Had he been outside your shop before that ?
Mr. Clements. Yes ; several times.
impejopeir activities est the labor field 7229
Mr. Kennedy. Was lie sort of directing the activities, or did he give
you that impression that he had an important position ?
Mr. Clements. I had tliat feeling ; yes, sir.
Mr. Kennedy. That was Canaday of the teamsters union ?
Mr. Clements. Yes, sir.
Mr. Kennedy. And some of these people got out of their cars ?
Mr. Clements. So I got out. I had a gun. I had it in my hand,
but I didn't shoot it. So they got back in their car.
Mr. Kennedy. What did you do with the gun ? Did you point it at
them?
Mr. Clements. No ; I just had it in my hand.
Mr. Kennedy. Did you say anything to them ?
Mr. Clements. I don't remember the correct words that I did say.
Mr. Kennedy. Generally what did you say to them ?
Mr. Clements. I believe I told them that I would hurt one of them,
or something to that effect, if they tried anything, so they left.
Mr. Kennedy. They got back in their car ?
Mr. Clements. They got back in their car.
Mr. Kennedy. Then you drove on ?
Mr. Clements. A^^ien they left, there is a little street down there,
and they went down there, and there is a man's yard there, so they
turned. During the time they were turning, I passed the street.
When I passed the street, they come down and come around. Now, I
ain't saying they stopped plumb still, but the best I remember — I know
the door was open on the right-hand side. So when the door was open
on the right-hand side, I shot.
Mr. Kennedy. You shot?
Mr. Clements. I shot at the car.
Mr. Kennedy. And did they drive away then ?
Mr. Clements. Yes.
Mr. KJENNEDY. And there is a possibility you might have hit the car ;
is that right ?
Mr. Clements. Well, they drove, I would say, a distance of five
blocks. They said I hit a tire. I don't know^ if I did or not. But
they drove a distance of five blocks and they said the tire was torn up,
I mean from being flat.
The Chairman. You hit a tire ? You shot the tire on the car ?
Mr. Clements. They said I did.
Mr. Kennedy. Wliy did you shoot at the car ?
Mr. Clements. Well, I mainly shot at the car — after hearing all
this that they were going to beat me up, I thought maybe that might
keep somebody from being hurt bad.
Mr. Kennedy. Did you hear about the shooting again ? Wliat did
you next hear about it ? Did the police get in touch with you or did
you get in touch w^ith the police ?
Mr. Clements. Tom Adams and Henry McCarver
Mr. Kennedy. That is Tom Adams, your friend, the policeman ?
Mr. Clements. Yes — told me that they went to the police station
and swore that he done the shooting.
Mr. Kennedy. That Tom Adams had done the shooting ?
Mr. Clements. Yes, sir; so that night they went to see Canaday
and talked to him, and they said he would not come out of the house.
He was scared. They told him to come out, that they wasn't going
7230 IMPROPER ACTivrriES iisr thE' labor feeld
to hurt him, that there wasn't going to be nothing, that they just
wanted to talk to him. So he come out and he told them about this
guy Birthright, and some said he was from Indianapolis. He was a
bit fat guy. They came to my house that night and told me that we
had to go to the hotel in Nashville.
Mr. Kennedy. Birthright is the international organizer of the bar-
bers' union. What did he have to do with it ? He was coming down
there?
Mr. Clements. He was already there. I did not know he was
there. He was in the hotel the next morning when we went up there.
Mr. Kennedy. But anyway, you thought there was some claim that
Adams had been responsible for the shooting ?
Mr. Clements. That is the way I understood it.
Mr. Kennedy. So what did you do ?
Mr. Clements. We went up to join the union.
Mr. Kennedy. You decided to join the imion ?
Mr. Clements. Yes, sir.
Mr. Kennedy. Did you go to the police department first ?
Mr. Clements. I had been to the police department a number of
times.
Mr. Kennedy. But did you go to the police department ? Did they
question you ?
Mr. Clements. Yes.
Mr. Kennedy. You said you did not know anything about the
shooting ?
Mr. Clements. I did not know I told them that until I read the
statement that was gotten from the police station.
Mr. Kennedy. You went through a rather nervous period, I under-
stand.
Mr. Clements. Yes, sir.
Mr. Kennedy. But the records show that you did not tell them any-
thing about the shooting ?
Mr. Clements. I read that ; yes, sir.
Mr. Kennedy. You went and joined the union ?
Mr. Clements. Yes, sir.
Mr. Kennedy. And you received assurances from the union officials
that they would not press the charge of shooting against you ?
Mr. Clements. Well, that was the purpose of going up there ; yes,
sir. Before I signed the paper, I made sure that something was said
about everything what was going to be done, and he said everything
was going to be all right.
Mr. Kennedy. So you joined up with the union at that time ?
Mr. Clements. Yes, sir.
Mr. Kennedy. And subsequently you sold your shop ?
Mr. Clements. And my house.
Mr. Kennedy. You moved out of the city ?
Mr. Clements. Yes, sir.
Mr. Kennedy. Then you came back in within a couple of years after
that?
Mr. Clements. About 2 months after that. Two or three months.
Mr. Kennedy. And you bought your shop back ?
Mr. Clements. Well, yes, I got my shop back.
Mr. Kennedy. Then when the union contract expired, you told the
union that you would not renew it ; is that right ?
impejOpek activities in the labor field 7231
Mr. Clements. No, I didn't wait until it expired. I studied it over
and thought it over, so I come back and quit then.
Mr. Kennedy. You quit the union ?
Mr. Clements. Yes. I told them to come and get their card, I did
not want it.
Mr. Kennedy. You were not frightened at that time ?
Mr. Clements. Well, we will put it like this: I was worried.
Mr. Kennedy. But you thought it was better not to be a member of
the union ? You weren't that worried ?
Mr. Clements. Well, you see, the people helped me build that shop
back, because it was a help to the neighborhood, on account of their
kids and all, and I did not feel like it was doing them right, after
them helping me build the place, and then going and joining the union
and overcharging them for the work that they got. So I just dropped
out of the union. I got out of it.
Mr. Kennedy. Did you lower your prices for haircuts then after
you got out ?
Mr. Clements. Yes, sir.
Mr, Kennedy. Back to what price ?
Mr. Clements. Well, I was getting a dollar at union prices then, and
I cut them back to 75. But I am getting a dollar now.
Mr. Kennedy. When did you have this conversation with the rep-
resentative of the barbers union when you came back to the city?
Was it a year ago ?
Mr. Clements. Well, it was 2 or 3 months after I sold my house
and shop, whatever date that was.
Mr. Kennedy. But you are not a member of the union now ; is that
right?
Mr. Clements. No ; I am not.
Mr. Kennedy. Did the union tell you at that time you would have
any problems or trouble with them, any union official ?
Mr. Clements. About the only thing, C. C. Sanders told me it
looked like he was going to have to get rough with me.
Mr. Kennedy. But you never heard from them again ?
Mr. Clements. I have not.
Mr. Kennedy. What did you do with the gun ?
Mr. Clements. I have it.
Mr. Kennedy. You still have it ?
Mr. Clements. Yes.
Mr. Kennedy. Do you have a license yet ?
Mr. Clements. No ; I don't.
Mr. Kennedy. Was your wife upset about all of this ?
Mr. Clements. Yes. She is upset right now.
Mr. Kennedy. As I understand it, over this period of a year you
had, during 1953, three different instances of having your win-
dows broken, your equipment destroyed, and you went to the
police department, according to your testimony, asked for their assist-
ance, and they said they did not mix in where labor disputes were
involved. Then you have had the dynamiting of your store where
you had $5,000 of damages. Then you and your neighbors rebuilt the
store. Then you had this incident with the gun and finally you joined
the union, and then told them that you were going to get out of the
union ; is that right?
Mr. Clements. Yes, sir.
7232 IMPROPER ACTIVITIES ZNT THE LABOR FTEILD
Mr. Kennedy. And the dynamiting took place, as I said, Mr. Chair-
man, the same night as the dynamiting of McDowell's place.
The Chairman. TVhy did you join the union? Wliat persuaded
you ?
Mr. Clements, Well, things were getting pretty tough. My wife,
she is awful nervous and tore up. Like I said, she still is. I guess it
all adds up to just getting rid of some of the pressure.
The Chairman. In other words, you joined the union because you
were intimidated and frightened by the violence that had occurred ?
Mr. Clements. Well, if they did, I will say if they did, do that
dynamiting, the man that done that would do that to your house.
The Chairman. Yes, I understand. I am not saying who did it.
But the fact that it was done had considerable influence with you
joining the union ?
Mr. Clements. Yes, it did.
Senator McNamara. Mr. Chairman.
The Chairman. Senator McNamara.
Senator McNamara. The time of the damage to your property, the
$5,000 worth of damage, how many chairs did you have ?
Mr. Clements. I had four, I believe.
Senator McNamara. All operating?
Mr. Clements. Yes, sir.
Senator McNamara. Were you a member at that time of the Master
Barbers' Association ?
Mr. Clements. At that time, no ; no, not when the shop blowed up,
I wasn't.
Senator McNamara. Had they been trying to get you to join their
organization ?
Mr. Clements. The master barbers ?
Senator McNamara. What is that ? The master barbers ?
Mr. Clements. Well, I joined the Master Barbers' Association to
get some relief from this other.
Senator McNamara. Then at the time when the store was damaged
to the extent of $5,000, were you a member or were you negotiating ?
Mr. Clements. No, sir.
Senator McNamara. You had not been a member of the Master
Barbers' Association ?
Mr. Clements. No, sir.
Senator McNamara. But subsequently you joined the Master Bar-
bers' Association ?
Mr. Clements. Yes, sir ; at one time I belonged to the Master Bar-
bers' Association.
Senator McNamara. Was that prior to making an agreement with
the barbers' union or at the same time ?
Mr. Clements. No ; that was after. If I remember correctly, it was
after I had droj^ped out of the union.
Senator McNamara. I do not understand your answer. You said
it was after what ? After you joined
Mr. Clements. Well, after I dropped out of the barbers' union.
Senator McNamara. Then you became a member of the master
barbers ?
Mr. Clements. For a while ; yes, sir.
Senator McNamara. For how long;?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7233
Mr. Clements. Well, I can't give you the correct dates on that.
Senator McNamara. Well, is it a month or a year ?
Mr. Clements. I would say — let's say 6 months.
Senator McNamara. During the period that you were a member of
the ]Master Barbers' Association, did you collect the rate that was
agreed upon for your haircuts, 75 cents or a dollar, whatever it was ?
Mr. Clements. Well, they don't have a rate. The master bar-
bers— you charge whatever is in your locality.
Senator McNamara. They have an area rate ?
Mr. Clements. An area rate ; yes.
Senator McNamara. Did you collect the area rate, then ?
Mr. Clements. Yes, sir.
Senator McNamara. You agreed to go along with the terms of the
Master Barbers' setup ?
Mr. Clements. Yes, sir.
Senator McNamara. Then you subsequently dropped that, too?
You were not a member of the master barbers after 6 months ?
Mr. Clements. No ; they told me that I would have to fully cooper-
ate with local 35 on prices, hours, and all regulations, so I dropped out
of that.
Senator McNamara. Who set the prices for the haircut? Was it
the Master Barbers' Association or the union or between them jointly ?
Mr. Clements. Local 35. They have a union scale.
Senator McNamara. Well, that is payment to your barbers, but
that does not establish the price that you charged the public ; did they ?
Mr. Clements. No; it is not payment to your barbers. It is the
amount I charge you for cutting your hair.
Senator McNamara. In the union contract, you agreed to charge a
certain amount ?
Mr. Cleinients. Yes, sir.
Senator McNamara. And that is the same amount that the Master
Barbers' Association
Mr. Cleinients. No, the Master Barbers' Association don't have a set
rate on what I charge you for your haircut.
Senator McNamara. You can be a member of the Master Barbers'
Association and charge whatever you want ?
Mr. Cleiments. Charge anything you want to.
Senator McNamara. Isn't that an unusual setup from what you
know about barber associations ?
Mr. Clements. Well, just to be perfectly frank with you, I don't
want to belong to any of it.
Senator McNamara. You mentioned the fat man that came from
Cincinnati or Indianapolis ?
JNIr. Clements. That is what I was told ; yes.
Senator McNamara. Did you meet him ?
Mr. Clements. Yes, sir.
Senator McNamara. Did you say his name was Birthright ?
]\Ir. Clements. Yes, sir.
Senator McNamara. Was he a high official of the Barbers Inter-
national Union ?
Mr. Clements. Tliat is v^hat he said.
Senator McNamara. Was he the international president of the
barbers union ?
7234 IMPROPER ACTIVITIES IN^ THE LABOR FIELD
Mr. Clements. I really don't know.
Senator McNamara. What business did you have with this stout
man from Indianapolis that you thought was Mr. Birthright? What
business did you do with him ?
Mr. Clio.'^ents. I went up there and joined the union.
Senator McNamara, He asked you to join the union ?
Mr. Clements. Well, we just went up there and he was there. Yes ;
he asked me to join the union. We joined the union right there.
Senator McNamara. You joined at that point ?
Mr. Clements. Yes, sir.
Senator McNamara. When he came in the picture ?
Mr. Clements. Yes, sir.
Senator McNamara. Now, you mentioned that Mr. Adams was
called off, or he was a sort of a partner and he put some money in
your business. How much money did he put in? Was it $100 or
more?
Mr. Clements. I don't remember just the right figure right now
and I could not give you a correct answer on that.
Senator McNamara. It was more than $1 ?
Mr. Clements. Oh, yes.
Senator McNamara. Not as much as $100 ?
Mr. Clements. I think it was a little over $100 and I don't know
how much it was right at that particular time, but it had been over
$100.
Senator McNamara. For this was he to get a share of the profits in
your business ?
Mr. Cleiments. No, sir.
Senator McNamara. For this he was to be paid a certain amount
every week or something like that ?
Mr. Clements. No, sir.
Senator McNAjr \ra. What was he to get out of it ?
Mr. Cleiments. Well, I would pay him back, when I made it.
Senator McNamara. You would pay him back what he put into it?
Mr. Clements. Yes, sir.
Senator McNamara. Then it was more of a loan and investment in
the business ; is that right ?
Mr. Clements. Well, I don't know what you would call it.
Senator McNamara. What did you consider it, a loan or an invest-
ment in the business ?
Mr. Clements. Well, either one he would rather have.
Senator McNamara. What is that ?
Mr. Clements. Either one that he would rather have.
Senator McNamara. No ; you got more than $100 from Mr. Adams
which you used in your business, as I understand from the record;
is that right ?
Mr. Clements. Like I say, I could not give you the correct figures
as to how much.
Senator McNamara. You do agree there was more than $100 ?
Mr. Clements. At one time there was.
(At this point. Senator Kennedy entered the hearing room.)
Senator McNamara. Was it as much as $200 at this time that you
are talking about ?
Mr. Clements. I couldn't say.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7235
Senator McNamara. Then, to the best of your knowledge and
belief, it was between $100 and $200 ; is that right 'i
Mr. Clements. I wouldn't make a statement on that because I
couldn't remember.
Senator McNamar^v. You have said it was more than $100.
Mr. Clements. At one time, it was.
Senator McNamara. At one time it was more than $100 ?
Mr. Clements. Yes, sir.
Senator McNamara. Did he get his money back ?
Mr. Clements. Yes, sir.
Senator McNamara. Did you consider the money that he put into
your business as a loan ?
Mr. Clements. To tell you the truth, I had not thought about it.
Senator McNamara. Do you now consider it was a loan 'i
Mr. Clements. Well, I would consider it more or less just friend-
ship.
Senator McNamara. But the police department of Nashville ob-
jected to your friend loaning you more than $100 to be used in your
business according to your testimony.
Mr. Clements. No ; I don't think that I said that.
Senator McNamara. Well, previously you said that Mr. Adams put
some money into your business.
Mr. Clements. Yes, sir.
Senator McNamara. But the police department told him he had
to get away from that business and he could not be there any more;
is that right ? Is that your previous testimony ?
Mr. Clements. Not because of the money.
Senator ^McNamara. What was the cause of it ?
Mr. Clkacents. I don't know.
Senator McNamara. You do not know ?
Mr. Clements. No.
Senator McNamara. All right. You had several contacts with the
Nashville Police Department and they told you in substance that they
did not want to mess with any labor trouble ; is that your testimony ?
Mr. Clements. They did not want to get involved in any labor
trouble.
Senator McNamara. You said you had several contacts with them
and this is what they told you.
Mr. Clements. Yes, sir.
Senator McNamara. You said you do not remember who told you
in all of these instances, but you must remember one name in the
police department who told you this ; do you not ?
Mr. Clements. I had so much of that, I couldn't rightly say.
Senator McNamara. You could not say you remember the name of
one police official who told you they did not want to mess with labor
trouble ?
INIr. Clements. Well, the sheriff told me and my partner.
Senator ]McNA:irARA, I am not talking about the sheriff. I am talk-
ing about the Nashville Police Department, because these are the people
that you said you went to several times.
Mr. Clements. I was talking about the Nashville law-enforcement
officers.
Senator McNamara. All right ; now then, it was the sheriff's depart-
ment that told you this and not tlie Nashville Police Department ?
7236 IMPROPER ACTIVITIEIS IN THE LABOR FIELD
Mr. Clements. I will tell you what the sheriff told me. He told me
that he would have to see his lawyer before he could say what he could
do.
Senator McNamara. He did not tell you that he did not want to
mess with labor trouble ?
Mr. Clements. He left the impression on me of the same.
Senator McNAsrARA. You assumed this, and nobody told you then,
they did not want to mess with labor troubles.
Mr. Clements. They told me that they did not usually mess or
usually fool with labor fellows.
Senator ]\IcNamara. They did not want to become involved ?
Mr. Clements. That is right.
Senator McNamara. Who told you ? Come on, you know who told
you. ^Yh.o did you go to in the police department ?
Mr. Clements. I saw everybody down there and I just wouldn't say
who it was. I just couldn't say truthfully who told me that.
Senator INIcNamara. You do not know how much money Adams put
in the business and you don't know who told you that the police depart-
ment did not want to mess with it, and you do not know whether it
was the sheriff's office or the Nashville Police Department, and you
do not know much, do you ?
That is all, Mr. Chairman.
The Chairman. Are there any further questions ?
Senator Curtis. Mr. Chairman, I have a question.
Did the police department ever talk to you about this shooting in-
stance where you had the gun out and you shot and the accusation
was made that you hit a tire on the car ? Did any police officer ever
talk to you about that ?
Mr. Clements. Not as I recall ; no, sir.
Senator Curtis. The statement or the inference that if you joined
the union, that charge would not be pressed, then, came from individ-
uals other than the police ; is that right ?
Mr. Clements. It did.
Senator Curtis. You referred to this neighborhood in which you
had the barbershop and the needs and wishes of the people around
there. ^Vliat sort of a neighborhood is it ? Is it away from downtown ?
Mr. Clements. Yes ; it is on the outskirts of town and it is in the
city limits but on the outskirts. It is a good neighborhood and they
are nice, clean working people and they do not have a lot of money
and they buy homes and they have children in school and they have
all of their home expenses.
I just did not feel like they were able to pay a tremendous price for
a haircut.
Senator Curtis. It was those people who helped you individually
and who belonged to the churches and the clubs that also helped you ?
Mr. Clements. That is right.
Senator Curtis. You felt an obligation to them ?
Mr. Clements. Well, I felt like it wouldn't be right to overcharge
them.
Senator Curtis. Do you operate now in that same neighborhood ?
Mr. Clements. Yes, sir.
Senator Curtis. That is all.
Senator McNamara. I have a question.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7237
Why did you not obtain a permit for this gun that you still have in
your possession ?
Mr. Clements. Well, I figured they wouldn't give it to me under
those circumstances.
Senator McNamara. On account of what ?
Mr. Clements. Under the circumstances, I figured I couldn't get
one.
Senator McNamara. Are you not a responsible businessman and
you have demonstrated a need for a gun to protect yourself and your
family ? Why should they not give you a permit to carry a gun ?
Mr. Clements. I did not ask for one, and I don't know if they
would have or would not, but I just assumed they wouldn't.
Senator McNamara. If you do not have a police record and you are
a businessman, and you show a need for a gun to protect yourself and
your business, you should get one. There is no reason in the world
why you should not. Do you have a police record ?
Mr. Clements. No, sir.
Senator McNamara. I do not understand why you do not get a
permit for this gun and have a right to use it and have a right to carry
it and protect your business. But you just have not made an appli-
cation ?
Mr. Clements. No, sir.
Senator McNamara. That is all.
The Chairman. Thank you very much.
Call the next witness.
]VIr. IvENNEDT. Mr. Easmussen.
The Chairman. Do you solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth and nothing but the truth so help you God ?
Mr. Kasmussen. I do.
TESTIMONY OF WALLACE RASMUSSEN
The Chairman. State your name and your place of residence and
your business or occupation.
Mr. Rasmussen. Wallace Rasmussen, Route 2, Brentwood, Tenn.,
district manager for Beatrice Food Co.
The Chairman. Do you waive counsel ?
Mr. Rasmussen. Yes, sir.
The Chairman. Proceed, Mr. Kennedy.
Mr. Kennedy. You were district manager during 1953 for the
Beatrice Food Co. ?
Mr. Rasmussen. No, sir.
Mr. Kennedy. Wliat position did you hold ? That is the position
you have at the present time ?
Mr. Rasmussen. Yes, sir.
Mr. Kennedy. Were you with them at that time ?
Mr. Rasmussen. Yes, sir.
Mr. Kennedy. "Wliat position did you hold ?
Mr. Rasmussen. Plant superintendent.
Mr. Kennedy. Were the teamsters making an effort to organize that
company, the employees of that company, the drivers ?
Mr. Rasmussen. That is right.
7238 IMPROPER ACTIVITIES IIN^ THE LABOR FIELD
Mr. Kennedy. During 1953 ?
Mr. Kasmussen. Yes, sir.
Mr. Kennedy. About what month was that ; when did it occur ?
Mr. Kasmussen. It was in the spring, I would say, of 1953.
Mr. Kennedy. Did you already have a contract with any union ?
Mr. Kasmussen. Yes, sir ; we had a contract with the CIO.
Mr. Kennedy. What union of the CIO ?
Mr. Kasmussen. Wholesale Department and Ketail and Department
Store Workers Union ?
Mr. Kennedy. What local number is that ?
Mr. Kasmussen. 761.
Mr. Kennedy. Did you have an altercation around April 19, 1953,
with some representatives of the teamsters union ?
Mr. Kasmussen. Yes, sir.
Mr. Kennedy. Could you tell the committee what happened in con-
nection with that ?
Mr. Kasmussen. I was walking up through our garage in this par-
ticular afternoon and saw one of our former employees standing in
the doorway, who we had let go 2 or 3 weeks previously. So I thought
I would see what he was doing back.
I started a conversation with him and he had a person with him.
I turned my back to this person and he took a swing at me when I
turned my back to him. I turned around and said, "A^^io are you ?" and
he said, "I have some unfinished business with you."
I said, "I don't even know you." So I stepped back in the office
there and I asked the boys in the office to call the police. Then I went
back out, and I followed them up in front of the office door. Then
he took another swing at me, so I thought I would at least hold him
there until the police got there, and I grabbed him around the head and
headed for the office, and about that time I got in the office door some-
one hit me on the head. Of course I let loose of the two fellows.
Mr. Kennedy. This other person hit you on the head from the back,
did he?
Mr. Kasmussen. He hit me from the side.
Mr. Kennedy. With his fist ?
Mr. Kasmussen. I don't know. From the welt it left on my head, I
question it.
Mr. Kennedy. You were stunned, were you ?
Mr. Kasmussen. Yes, sir.
Mr. Kennedy. Did you see what happened to them after that?
Mr. Kasmussen. The fellow that hit me ran back across the street
and got into his car, and the other two boys went up the street.
Mr. Kennedy. Were you able to identify the man who hit you
atall?
Mr. Kasmussen. Only that he wore a hearing aid.
Mr. Kennedy. Were ^ cu able to identify the car ?
Mr. Kasmussen. We' asked several employees around there if they
saw the car that he got into and through the description that they
gave us we were able to trace the car.
Mr. Kennedy. Did you turn this over to the police ?
Mr. Kasmussen. We called the police and the police came out, and I
thought that the person tliat did the hitting was another individual
and they got this ]:)erson, but it turned out it wasn't. That was the last
the police ever got into the picture.
IMPBOPEK ACTIVITIES IN THE LABOR FIELD 7239
Mr. Kennedy. Did you tell them that you could identify any of the
people, other than the one ?
Mr. Rasmussen. Yes, sir.
Mr. Kennedy. Did they come back to interview you ?
Mr. Rasmussen. No, sir.
Mr. Kennedy. Did you tell them of the problem that you were
having with the teamsters union ?
Mr. Rasmussen. Yes, sir.
Mr. Kennedy. They never showed you any pictures ?
Mr. Rasmussen. No, sir.
Mr. Kennedy. And you told them you thought this fellow was
wearing a hearing aid ?
Mr. Rasmussen. Yes, sir.
Mr. Kennedy. And they never came back to see you again ?
Mr. Rasmussen. No.
Mr. Kennedy. Did you hire some private investigators to make
an investigation, yourself ?
Mr. Rasmussen. Yes, sir.
Mr. Kennedy. Could you tell the committee what you found out
then ?
Mr. Rasmussen. We hired this private investigator to help us find
the individuals who did the assaulting. I knew one of them and
the other two we did not know.
Mr. Kennedy. Which one did you know ?
Mr. Rasmussen. We knew Bobby Marston, who was a former em-
ployee.
Mr. Kennedy. He was the one you were talking to ?
Mr. Rasmussen. That is right. Through the description of the
automobile the manager of the plant at that time and myself, drove
all over Nashville looking for that particular car. We finally located
the car or we thought it was, and got the license number and had it
traced or had them check to see who the automobile belonged to, and
it belonged to Smith, W. A. Smith.
Mr. Kennedy. Were you able to identify the third individual ?
Mr. Rasmussen. We kept watching for the third individual, and
when we found him they picked him up and the ]\Iarston boy and then
they took me to this Smith's home and I identified him and they
took him.
Mr. Kennedy. The police arrested them ?
Mr. Rasmussen. No, sir.
Mr. Kennedy. Who is "they" ?
Mr. Rasmussen. This investigator had a man working for him
who worked also in the police department, but he worked part time
for him, and he is the one who took him down to the police station.
Mr. Kennedy. He took him down to the police station ?
Mr. Rasmussen. Yes, sir.
Mr. Kennedy. And you turned him over to the police at that time ?
Mr. Rasmussen. Yes, sir.
Mr. Kennedy. All three individuals ?
Mr. Rasmussen. Yes, sir.
Mr. Kennedy. Did you pursue the matter ?
Mr. Rasmussen. They were let out with a $50 bond and then we
89330— 58— pt. 18 13
7240 IMPROPER ACTIVITIES EST THE LABOR FIELD
were advised by our attorney that it would be better to drop it because
it wouldn't do us any good to pursue it.
Mr. Kennedy. Why didn't he think that it would produce any
good ?
Mr. Rasmussen. Well, from previous trouble that they had gotten
into with unions, it wouldn't be favorable as far as we were concerned.
Mr. Kennedy. So you thought, despite all of this work, and appre-
hending the people that had beaten you, you felt, on the advice of
your attorney, that it was not worthwhile pursuing the matter because
nothing would come of it anyway ?
Mr. Rasmussen. That is right.
Senator Kennedy. May I just ask a question there? What kind of
a police force is it where you have to hire private investigators who
hire a policeman part time, so that, when you want to have someone
apprehended for this sort of action, you have to pay him and he goes
down and gets this policeman who then uses his position with the
police department to take the man down to the station ?
Mr. Rasmussen. This fellow that he had working for him was
really an identification officer for the police department.
Senator Kennedy. In other words, the reason he arrested him was
not based on the investigation by the police department, but it was
based on an investigation by a private investigator ?
Mr. Rasmussen. That is right.
Senator Kennedy. Does that not seem to you like an odd way to
run a police force ?
Mr. Rasmussen. It certainly does, to me.
Senator Curtis. What city was this ?
Mr. Rasmussen. Nashville, Tenn.
Senator McNamara. You were formerly an organizer for the team-
sters union in Nashville ?
Mr. Rasmussen. Are you speaking to me, sir ?
Senator McNamara. Yes.
Mr. Rasmussen. You have the wrong person.
Senator McNamara. What is your name ?
Mr. Rasmussen. Wallace Rasmussen, What is your name, sir ?
Senator McNamara. I am Senator McNamara, from Michigan. You
say you were not the district manager of the Beatrice Food Co., in
Nashville, at the time of this first incident ?
Mr. Rasmussen. That is right.
Senator McNamara. When did you become the district manager ?
Mr. Rasmussen. On June 1 of this year.
Senator McNamara. Do you know the gentleman whose name I
mentioned to you previously, Mr. Jesse Reeves ?
Mr. Rasmussen. Yes, sir ; I know Jesse Reeves very well ; yes, sir.
Senator McNamara. Apparently, I had the wrong sheet. You are
presently the district manager, as I understand it.
Mr. Rasmussen. Yes, sir.
Senator McNamara. Whom did you contact in the police depart-
ment about these things ; the chief of police ?
Mr. Rasmussen. Sir, I called them on the telephone, and I don't
know whom I talked to.
Senator McNamara. You do not know whom you talked to ?
Mr. Rasmussen. No.
niPBOPEE ACTIVITIES IN THE LABOR FIELD 7241
Senator McNamara. You thought letting these people out on $50
bond was not exactly right ; is that right ?
Mr. Kasmussen. I know they would not let me out on $50 bond in a
similar case.
Senator McNamara. So, you are suspicious that there is collusion
between the police department and these people who are carrying on
these improper activities ?
Mr. Kasmussen. It would seem that way ; yes.
Senator McNamara. You never attempted to check with the chief
of police or his superiors in Nashville ?
Mr. Rasmussen. No, sir.
Senator McNamara. Is he appointed by the mayor with the setup
there?
Mr. Kasmussen. Yes, sir.
Senator JNIcNamara. You never attempted to contact the mayor's
office about it ?
Mr. Kasmussen. No.
Senator McNamara. Do you have any explanation of that, since
you were unsatisfied with the telephone conversation with the police
department ? Do you not have any explanation for not going further
with it?
Mr. Kasmussen. From our experience, if you want to get some-
thing done, you have got to get it done right away, and they were not
doing anything or they had never come back after the first trip
out there, and so it was our decision that we would at least get to
the bottom of it and find out who did the job.
Senator McNamara. You did this by hiring private agents ?
Mr. Kasmussen. That is right.
Senator McNamara. You made no attempt to contact the police
department, other than a teleplione call ; is that right ?
Mr. Kasmussen. That is right.
Senator McNamara. That is all.
The Chairman. Is there anything f urtlier ?
Mr. Kennedy. How much did it cost you to make this private
investigation of your own ?
Mr. Kasmussen. Approximately $3,000.
Mr. Kennedy. After that, did you have any damage done to any
of your automobiles of your company ?
iVIr. Kasmussen. We had sirup and sugar put in the gas tanks of
our trucks.
Mr. Kennedy. How many trucks were involved ?
Mr. Kasmussen. We had eight trucks that were mechanically dam-
aged, and there were others that had sugar and sirup put in, but we
caught them before the engines were started, and drained the tanks
and washed them out.
Mr. Kennedy. Was that reported to the police ?
Mr. Kasmussen. No, sir.
Mr. Kennedy. You did not report it ?
Mr. Kasmussen. No, sir.
Mr. Kennedy. Why not ?
Mr. Kas]mussen. We felt it would do no good.
Mr. Kennedy. Was it just the general feeling and general opinion
in your city and around there that the police department would not
7242 IMPROPER ACTIVITIES EST THE LABOR FIELD
do anything even if you reported these acts of violence against your-
self or your property ?
Mr. Kasmussen. Yes, sir.
Mr. Kennedy. It was just accepted, and was not worth while re-
porting ?
Mr. Kasmussen. That is right.
Mr. Kennedy. Did you get any sworn statements at a later date
as to those responsible for this ?
Mr. Rasmussen. Yes, sir.
Mr. Kennedy. Did you turn that over to the police ?
Mr. Rasmussen. They were turned over to the district attorney, or
the attorney general.
Mr. Kennedy. As I understand it, through your own investigative
work again, you were able to find out who was responsible for some
of these sirupings, is that correct ?
Mr. Rasmussen. That is correct.
Mr. Kennedy. You got sworn statements regarding that ?
Mr. Rasmussen. Yes, sir.
Mr. Kennedy. And you turned that over to the district attorney?
Mr. Rasmussen. That is right.
Mr. Kennedy. Was anybody ever arrested in connection with that?
Mr. Rasmussen. No, sir.
Mr. Kennedy. Was anything ever done in connection with it ?
Mr. Rasmussen. No, sir.
Mr. Ejinnedy. Even though you had the evidence and the informa-
tion?
Mr. Rasmussen. That is right.
Mr. Kennedy. Who was the district attorney at that time?
Mr. Rasmussen. Loser.
Mr. Kennedy. Nothing was ever followed up on that ?
Mr. Rasmussen. No, sir.
Mr. Kennedy. You never appeared before a grand jury ?
Mr. Rasmussen. No, sir.
Senator McNamara. I would like to ask the witness, do you still
have the same police chief now that you had in those days?
Mr. Rasmussen. I don't believe so. I believe it is changed.
Senator McNamara. You do not know ?
Mr. Rasmussen. No.
Senator McNamara. You still have the same mayor ?
Mr. Rasmussen. No, sir.
Senator McNamara. Do you have a new mayor ?
Mr. Rasmussen. Yes, sir.
Senator McNamara. Have conditions changed any ?
Mr. Rasmussen. I haven't had anything to bring up, any occasion
to find out if they have changed, sir.
Senator McNamara. You are not familiar with what goes on, gen-
erally, in the area, then ?
Mr. Rasmussen. Well, no, not as far as that is concerned.
Senator McNamara. As far as you know there has been no change ?
Mr. Rasmussen. No.
Senator McNamara. That is all.
The Chairman. What I do not understand is this: You were
already unionized, is that right ?
Mr. Rasmussen. That is correct.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7243
The Chairman. What was the purpose of the teamsters trying to
unionize you?
Mr. Rasmussen, The teamsters, apparently, felt like the employees
would like to have a different union in there, I guess.
The Chairman. Did you select the first union for them ?
Mr. Rasmussen. No, sir.
The Chairman. How did you come to sigTi a contract with the first
union ?
ISIr. Rasmussen. By election of the people.
The Chairman. In other words, they held an election ?
Ml'. Rasmussen. Yes, sir.
The Chairman. And the majority voted for that union?
Mr. Rasmussen. Yes, sir.
The Chairman. Is that correct?
Mr. Rasmussen. That is correct.
The Chairman. Therefore, you signed a contract with that union ?
]\Ir. Rasmussen. That is right.
The Chairman. How long had that been before the teamsters began
bothering you?
Mr. Rasmussen. I would say maybe a year.
The Chairman. Some year before your plant had become unionized ?
Mr. Rasmussen. Yes, sir.
The Chairman. And you were still under union contract with that
union ?
Mr. Rasmussen. Yes, sir.
The Chairman. What did the teamsters do ? I do not quite under-
stand that. I thought when a shop was unionized it was miionized.
Is this a kind of a jurisdictional issue or something?
Mr. Rasmussen. I would say so; yes, sir.
The Chairman. Do you have anything to do with that?
ISIr. Rasmussen. Did I ?
The Chairman. Yes.
Mr. Rasmussen. No.
The Chairman. The management would have nothing to do with
that?
Mr. Rasmussen. No, sir.
The Chairman. The men that voted for the other union would have
that?
Mr. Rasmussen. Yes, sir.
The Chairman. Was the teamsters union contesting that election?
Mr. Rasmussen. The teamsters were contesting the validity of the
contract that we had.
The Chairman. Well now, in the election, when the men voted for
this union— what is that union?
Mr. Rasmussen. CIO Retail, and "Wholesale Department Store
Workers.
The Chairman. When your men voted for that was there an issue
or a contest between the teamsters union and that union at the time the
men voted ?
Mr. Rasmussen. No, sir.
The Chairman. Was there a contest as between any otlier union and
that union ?
Mr. Rasmussen. No, sir.
7244 IMPROPER ACTIVITIEiS EST THE LABOR FIEiLD
The Chairman. The issue was whether they wanted to belong to
a union ?
Mr. Rasmussen. Yes, sir.
The Chairman. x\nd to belong to that union only.
Mr. Rasmussen. That is right.
The Chairman. And they voted that way, a majority of them ?
Mr. Rasmussen. That is right.
The Chairman. And, therefore, you complied and you conformed.
Mr. Rasmussen. That is right.
The Chairman. And you say the teamsters were contesting the
validity of that contract?
Mr. Rasmussen. That is right.
The Chairman. In what way ? '\Aniat was their objection ?
Mr. Rasmussen. That all of the employees were not members.
The Chairman. All of them were not members ?
Mr. Rasmussen. That is right.
The Chairman. In that contract did the contract provide that only
those wlio wanted to belong should belong ?
Mr. Rasmussen. In the State of Tennessee, you don't have to belong
to a union.
The Chairman. I understand, but in other words you could not
make under the law of the State — I guess they have a right-to- work
law and under that law you could not compel those who did not
want a union to belong to it.
Mr. Rasmussen. That is right.
The Chairman. And so this all grew out of the teamsters taking
issue or offense at a contract that did not compell all of them to join 5
Mr. Rasmussen. That is correct.
( Members present at this point were Senators McClellan, Kennedy,
McNamara, and Curtis.)
The Chairman. Wliat were they trying to get you to do about it?
Mr. Rasmussen. They wanted us to sign a contract with them
covering the employees which were most of our drivers.
The Chairman. Covering all of the employees and compelling them
to join the union?
Mr. Rasmussen. Right.
The Chairman. Had you consulted your attorney about it?
Mr. Rasmussen. That is right.
The Chairman. What did your attorney advise you with respect
to this?
Mr. Rasmussen. That we had a legitimate contract and that the
contract we had was sufficient.
The Chairman. Did they make any threats against your plant, the
teamsters, or anyone representing the teamsters ? Did they make any
threats to you or to the management ?
Mr. Rasmussen. Not to me personally ; no, sir.
The Chairman. Do you know of any threats they made before this
violence occurred?
Mr. Rasmussen. No, sir.
The Chairman. It just occurred ?
Mr. Rasmussen. Right.
The Chairman. You don't know who committed the violence ?
Mr. Rasmussen. The violence on myself? Yes, sir; I know that.
UMPBOPER ACTIVITIES- IN THE LABOR FIELD 7245
The Chairman. I know on yourself, but I am talking about the
violence to the plant.
Mr. Easmussen. The sabotage of the trucks ?
The Chairman, Yes.
Mr. Easmussen. Yes, sir ; we know who did it.
The Chairman. You know who did it ?
Mr. Easmussen. Yes, sir.
The Chairman. And you turned that over to the prosecuting
attorney ?
Mr. Easmussen. Yes, sir.
The Chairman. Do you call him the district attorney ?
Mr. Easmussen. The State district attorney.
The Chairman. How long a^o was that ?
Mr. Easmussen. In 1953, in August, approximately.
The Chairman. 1953 ?
Mr. Easmussen. Eight.
The Chairman. I suppose the statute of limitations may have run
against it before now ?
Mr. Easmussen. I expect that.
The Chairman. But you had positive proof ?
Mr. Easmussen. Signed statements of witnesses.
The Chairman. Of whom ?
Mr. Easmussen. Of people who collaborated with them to put sirup
in the tanks.
The Chairman. And no action was taken ?
Mr. Easmussen. That is right.
The Chairman. How much damage was done by reason of the
sirup ?
Mr. Easmussen. Approximately $2,000.
The Chairman. How much would have been done if you had not
discovered some of it in time to prevent damage ?
Mr. Easmussen. I would say twice that amount.
The Chairman. In other words, by your alertness in discovering it,
I do not know whether it was alertness or an accidental discovery, you
saved about $2,000 in damages that would have occurred ?
Mr. Easmussen. That is right.
The Chairman. Is there anything further ?
Senator McNamara ?
Senator McNamara. You mentioned a former employee that was
involved in this negotiation. Did he then represent the teamsters
union ?
Mr. Easmussen. Did he represent the teamsters union ? Not to my
knowledge.
Senator McNamara. How did he enter into the negotiations in deal-
ing with you in this matter %
Mr. Easmussen. This former employee was the one that was stand-
ing in the doorway when I had this assault.
Senator McNamara. He was just standing in the doorway %
Mr. Easmussen. Eight.
Senator McNamara. What was the nature of his leaving? Did you
fire him, or did he quit ?
Mr. Easmussen. Yes ; he c^uit — no ; he didn't quit ; we fired him.
Senator McNamara. For what reason ?
7246 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Easmussen. He was on a truck driving a truck for us ; I don't
rememebr the exact reason why we let him go, but I believe it was
because we were having trouble with some of them turning in their
money, collections, and I think he was one of them we were having
trouble with.
Senator McNamara. Do you remember whether or not he was a
member of the union ?
Mr. Kasmussen. A member of the CIO, the union we had in the
plant ? I believe he was ; yes, sir.
Senator McNamara. He was one of those that chose to belong to the
union ?
Mr. Rasmussen. Right.
Senator McNamara. That is all.
Mr. Kennedy. I might just say in connection with that individual,
he has been linked already in testimony to the siruping of trucks, and
he has a police record with a number of arrests.
The Chairman. Is that the one that was discharged, Marston ?
Mr. Rasmussen. Right ; Bobby Marston.
(At this point. Senator Kennedy withdrew from the hearing room.)
The Chairman. Is there anything further? If not, thank you
very much.
Call the next witness.
Mr. Kennedy. Mr. Jesse Reeves.
(Present at this point were Senators McClellan, McNamara, and
Curtis. )
The Chairman. You do solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. Reeves. I do.
TESTIMONY OF JESSE REEVES
The Chairman. State your name, your place of residence, and your
business or occupation.
Mr. Ree\tss. My name is Jesse Reeves, I reside at 111 Dell way Drive,
Nashville, Tenn. I am an automobile salesman for Oak Motors, also
of Nashville.
The Chairman. Do you waive counsel ?
Mr. Reeves. Yes, sir.
The Chairman. Proceed, Mr. Kennedy.
Mr. Kennedy. You were an organizer for the teamsters from
August 1952 to January 1954 ; is that right ?
Mr. Reey^es. That is correct, sir.
Mr. Kennedy. During that period of time were you making an
effort to organize the drivers for the Beatrice Food Co. ?
Mr. Reeves. That is correct, sir.
Mr. Kennedy. Did you have a dispute or were you present during
an altercation with Mr. Rasmussen of that company ?
Mr. Reeves. That is correct, sir.
Mr. I^nnedy. And this was while you were an organizer for the
teamsters, yourself ?
Mr. Reeves. That is right, sir.
imprjOper activities in the labor field 7247
Mr. Kennedy. Would you tell tlie committee tlie events that pre-
ceded that and then whatever information you have regarding that
matter ?
Mr. EEE^^:s. Well, we were in the process of organizing the em-
ployees of Beatrice Foods, better known as Meadow Gold, I believe,
in that area. They belonged to the CIO District 50, or local 761, or
something of that sort. I was trying to organize them and take them
away from this union and which I did, organize the people. We was
in the process of trying to get the employer to go along with the fact
that we should represent them as their bargaining agent at that time.
I had a meeting with Mr. Rasmussen's boss at that time — I don't recall
the gentleman's name — at 10 o'clock that morning, I believe it was,
and he told me at that time that he did not want any part of the
teamsters, that his employees had decided they did not want to join the
teamsters and told me to get off of his premises and not come back.
So, on my way out, I asked 1 or 2 of the employees who they thought
was the one that enticed them to change their minds and they said
that Mr. Rasmussen was the gentleman that did it. So I went across
the street, opposite from the Beatrice Foods, and called Don Vestal.
Mr. Kennedy. Mr. Don Vestal was president of local 327 ?
Mr. Ree^^s. That is correct, sir, and I told him at that time that
the employer had ordered me off his premises and that they wanted
no part of the teamsters at that time. So he asked me if I had
knowledge of who was the instigator in having the employees change
their mind. I told him that Mr. Rasmussen — the employees told me
that Mr. Rasmussen was thb gentleman that changed their minds.
He said that he would have that situation taken care of, for me to just
stay put. Well, some 30 or 35 minutes later I saw W. A. Smith come
around the block, trying to find a place to park. The second time
he came aroimd he got out of the car in the middle of the heavy traffic
and ran across the street and attacked Mr. Rasmussen, but I was on
the opposite side of the street when the instance happened.
Mr. Kennedy. Wlio was attacking him ?
Mr. Reeves. W. A. Smith.
Mr. Kennedy. And anybody else ?
Mr. Reeves. Well, I saw Bobby Marsten and Henry T. Monk.
Mr. Kennedy. Henry T. Monk ?
Mr. Reeves. Yes.
Mr. Kennedy. Wliat was Henry T. Monk's position ?
Mr. Reeves. He didn't have any position.
Mr. Kennedy. He was just a member of the teamsters, of local 327?
Mr. Reeves. Yes, sir.
Mr. Kennedy. And he was the third person present ?
Mr. Reeves. Yes.
Mr. Kennedy. The only person you saw hitting Mr. Rasmussen was
W.A.Smith?
Mr. Ree\^s. That is correct. There were several automobiles and
trucks that kept me from seeing clearly, but when Smitty got out of
the automobile and ran across the street, of course, I followed him as
near as I could with my eyesight and I did see him strike him. About
5 minutes later, the police arrived.
Mr. Kennedy. After Smith had hit him, he ran and got in this
truck, is that right, or his car, and drove away ?
7248 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Reeves. I don't know what automobile he got in, sir, but he
did get in a car.
Mr. IvENNEDY. He came out of the store, ran down the street, and
got in a car ?
Mr. Reeves. As well as I could see, he attacked Mr. Rasmussen in
the door of the office building.
Mr. Kennedy. And after that took place, he ran out of there and
got in the car and drove away ; is that right ?
Mr. Reeves. Yes.
Mr. Kennedy. Subsequently the police came. Did you ever hear
anything further about that? Were you ever interviewed by the
police yourself ?
Mr. Reeves. No, sir.
Mr. Kennedy. As I understand it, after this assault took place,
there were some siruping of some ti-ucks according to the previous
witness. Do you know anything about that ?
Mr. Reeves. Yes ; I do.
Mr. Kennedy. Did you participate in any of the sirupings ?
Mr. Reeves. I didn't personally put any sirup in, but I was in the
company of the gentlemen who did.
Mr. Kennedy. Under whose instructions was that done ?
Mr. Reeves. That was Mr. Vestal's instructions. All the instruc-
tions came from Mr. Vestal. There wasn't anything done unless he
O.K.'dit.
Mr. Kennedy. How was that done ?
Mr. Ree\tes. Well, we left the union office around 10 : 30 or 11 and
as I left town we purchased 17, 18, or 20 bottles of white Karo sirup.
Mr. Kennedy. Out of some grocery store ?
Mr. Reeves. Not at one individual store. We didn't want to be
obvious.
Mr. Kennedy. Wlio made the purchases ?
Mr. Reeves. We all did, sir.
Mr. Kennedy. And where did you get the money for the purchases ?
Mr. Reeves. I paid for it, sir, and the union reimbursed me the next
day.
Mr. Kennedy. Who reimbursed you ?
Mr. REE^^ES. Edward Smith, secretary and treasurer of the teamsters.
Mr. Kennedy. Did he know what the money was for ?
Mr. Reeves. I told him.
Mr. Kennedy. So you purchased some 18 cans of sirup ?
Mr. Ree\tes. Glass bottles, sir.
Mr. Kennedy. Wliat did you do with them ?
Mr. Reeves. Well, we got the information, where the trucks were
being parked. They were out of town. The ones that I saw actually
put in the tanks were at Columbia, Tenn.
Mr. Kennedy. Columbia, Tenn. ?
Mr. Reeves. We went from Columbia to Lawrenceburg, to Pulaski,
Shelbyville, and Manchester. But I didn't actually see any sirup put
in any tanks other than in Columbia.
JSIr. Kennedy. But did your companions then get out of the car
with the sirup in their hands to sirup the trucks ?
Mr. Reeves. Yes, sir.
miPROPEH ACTIVITIES EST THE LABOR FIELD 7249
Mr. Kennedy. The only ones you actually saw being siruped were
in Columbia, but the people in your car got out to sirup the other
trucks ; is that right ?
Mr. Reeves. That is correct, sir.
Mr. Kennedy. And by the time you returned home that night, was
all the sirup gone ?
Mr. Reeves. Yes, sir.
Mr. Kennedy. Did you make that report to Don Vestal ?
Mr. Reeves. Yes, sir.
Mr. Kennedy. Tell us the conversation you had with Mr. Vestal.
Mr. Ree\^s. Well, he said, "We shall see what results this brings."
Mr. Kennedy. Did he ask you a question first?
Mr. Reeves. He asked us did we sirup the trucks, and I told him
as far as I knew, yes, that I actually saw it put in two.
Mr. Kennedy. Did you tell him that all of it had been taken
care of ?
Mr. Reeves. That is right, sir.
Mr. Kennedy. What did he say to you ?
Mr. Reeves. He said, "We will see what results this brings."
Mr. Kennedy. Did you have any other conversations with him ?
Mr. Reeves. I beg your pardon ?
Mr. Kennedy. Did you have any other conversations with him?
Mr. Reeves. Not at that time, sir. About 4 or 5 hours later, we
didn't get any reports on the results of it, and he said we didn't do
such a good job after all.
Mr. Kennedy. Did you participate in the siruping of any other
trucks for any other company ?
Mr. Reeves. No ; I did not.
Mr. Kennedy. That was the only company ?
Mr. Reeves. That is right, sir. I didn't approve of that at the be-
ginning, but I was working for him and I was supposed to take orders.
Mr. Kennedy. Did you participate in any other act of violence or
altercation which took place on the orders of Mr. Vestal or anybody
else?
Mr. Reeves. Well, I didn't actually participate in it. I had the
Shelby ville Pure Milk Co.
Mr. Kennedy. What is the name of that ?
Mr. Reeves. Shelbyville Pure Milk Co. That is a subsidiary of
National Dairies.
Mr. Kennedy. What happened there ?
Mr. Reeves. Well, I organized those people in the fall of 1953, and
we wasn't making any progress. The employer wanted to have an
NLRB hearing and Mr. Vestal did not approve of that. He said,
"We don't need any NLRB to determine whether we have the major-
ity of the people or not. We will determine that." So, he instructed
me to go to Shelbyville and get with the manager and tell him either
he sign this agreement or recognize us as their bargaining agent or
strike him, so I struck him.
We was on strike for some 8 weeks. In the meantime, this instance
occurred, that the employer was still delivering milk just the same as
he was before. So, one afternoon he asked me what progress we
were making and I said, "As far as we are ever going to get a contract
there, it will never materialize." He said, "Why ?"
Mr. Kennedy. Who is "he" ?
7250 EVIPROPER ACTIVITIEIS EST THE LABOR FIEILD
Mr. Eeeves. Mr. Vestal. He said, "Well, we better do something
about this." A man by the name of James Ivey was in the office at
that time, and he called myself and he in the office and said, "You take
Big Ivey." That is what everybody calls him and he is known as
that
Mr. Kennedy. Big Ivey?
Mr. Reeves. "Big Ivey with you in the morning."
Mr. Kennedy. How big was he ?
Mr. Reeves. He weighed around 300, and was about 6 feet. He is
a small giant, you might say.
Senator Curtis. What was his specialty ?
Mr. Reeves. He was a truckdriver, sir. He just stood around the
hall when he wasn't out.
Mr. Kennedy. Go ahead.
Mr. Reeves. So, he told me to carry Ivey with me the next morning.
So, at 2 o'clock in the morning I picked him up, because we started
the picket line at 4. About 3 o'clock in the afternoon, the employer
had these farmers riding these trucks with these people with shot-
guns and rifles, and they had been arguing pro and con across the
street. We were across the street at a service station, and the plant
was opposite this service station. The employees and the ones that
were still delivering milk just kept arguing and carrying on with
each other. Mr. Ivey got two of these drivers to finally consent to
§o with him after one of the trucks left the plant to make a delivery,
o, he took my automobile and followed the truck with these two gents
out to this supermarket. Some 30 minutes later, the police came down
and was going to carry me to jail because I had promised there would
not be any violence or any disturbance. I told them I had no knowl-
edge of what had transpired. So, about 5 o'clock Mr. Vestal called
me from Nashville and told me that everything was all right, that the
mail had been delivered.
Mr. Kennedy. TVTiat did he mean by "the mail had been delivered" ?
Mr. Reeves. That my car was at the office.
Mr. Kennedy. That what ?
Mr. Reeves. That my automobile and Mr. Ivey had returned to
Nashville.
Mr. Kennedy. Why did you talk like that?
Mr. Reeves. That was in case anybody was listening in or anything ;
they would not know what we were talking about.
Mr. Kennedy. Did you have instructions to talk in those terms ?
Mr. Reeves. That is right. We never said anything specific or
called any names.
Mr. Kennedy. From whom did you get those instructions ?
Mr. Reeves. Mr. Vestal.
Mr. Kennedy. That you never were to say anything specific about
what you were doing on the telephone ?
Mr. Reeves. Where we would be connected.
Mr. Kennedy. With any of these acts that were taking place ?
Mr. Reeves. That is true.
Mr. Kennedy. Did you learn what Big Ivey had done ?
Mr. Reeves. Well, he said
Mr. Kennedy. ^Yho is "he" ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7251
Mr. Reeves. Mr. Ivey — when he approached the supermarket, that
these boys tliat were on the truck were in the process of entering the
truck to take the milk out. One of them saw him as he started to get
in the truck, and he ran. I understand he threw a bottle at him.
Mr. Kennedy. He ran ? Who ran, and who threw the bottle ?
Mr. Reeves. I don't know the gentleman's name that was on the
truck. One of the boys that was on the truck.
Mr. Kennedy. Wlio threw the bottle ?
Mr. Reeves. Mr. Ivey threw the bottle. He did catch the boy that
was up in the truck, and I understand through his conversation that he
did a pretty good job of beating him up, because he did have to go to
the local clinic.
Mr. Kennedy. This is what Ivey told you ; that he had beaten this
other man up ; threw the milk bottle at the first man and beat the sec-
ond man up so that he had to be taken to the clinic ; is that right ?
Mr. Reeves. He did not know he had to be taken to the clinic. He
heard the sirens coming. They weren't too far from what the strike
was on. He took off. He went through Murfreesboro, Lebanon, and
back into Nashville.
Mr. Kennedy. Did you learn he was taken to the clinic?
Mr. Reeves. Yes; I did. The chief of police at Shelbyville came
down and told me of the instance that occurred. He said the man
could have been killed.
Mr. Kennedy. How were these acts of violence set up at the office of
the teamsters? How did you go about handling them? Who made
the arrangements. ?
Mr. Reeves. Mr. Vestal was the man who did the arrangements. He
told you what to do and what not to do.
Mr. Kennedy. Was Mr. W. A. Smith sent out of that area into
any other area ?
Mr. Reeves. He was sent out of the area ; yes.
Mr. Kennedy. Was he sent over to Knoxville on occasion ?
Mr. Reeves. Yes; that is true.
Mr. Kennedy. Did you understand, after he was sent over there,
that dynamiting or shootings occurred ?
Mr. Reeves. That is right, sir.
Mr. Kennedy. Was he also sent out of the State ?
Mr. Reeves. Yes, sir.
Mr. Kennedy. Was he also sent to New Jersey ?
Mr. Reeves. He was sent to New Jersey once and sent to Florida
once.
Mr. Kennedy. Do you know anything about what happened in
New Jersey ?
Mr. Reeves. Well, I understand they participated in the war be-
tween the AFL and CIO, and the teamsters were robbing the brewers,
taking the brewers away from the present union they were in.
Mr. Kennedy. Did you understand there was violence in New Jersey
when he was sent up there ?
Mr. Reeves. Yes, sir.
Mr. Kennedy. And he was sent to Florida.
Mr. Reeves. Yes, sir.
Mr. Kennedy. You understand there was some dynamiting down
there, too ?
7252 IMPROPER ACTIVITIES EST THE LABOR FIEIiD
Mr. Reeves. I heard that.
Mr. Kennedy. Do you know that ?
Mr. Reeves. No ; I just heard that.
Senator Curtis. From where would the orders be sent that he would
go from Tennessee to New Jersey or Florida ?
Mr. Reeves. Who would give the orders ? Mr. Vestal would.
Senator Curtis. Mr. Vestal is a local officer?
Mr. Reeves. He is president of local 327, in Nashville, of the team-
sters.
Senator Curtis. That local did not have any members or contracts
in New Jersey or Florida, did it ?
Mr. Reeves. Not to my knowledge ; no, sir.
Senator Curtis. How would he know that they wanted Smith ?
Mr. Reeves. Well, I suppose someone asked for him.
Senator Curtis. Who did ? Do you know ?
Mr. Reeves. No ; I don't. That was strictly Mr. Vestal's business.
He did not let us know that. He may have told Smith, but he didn't
tell me.
Senator Curtis. It would have to be someone in the head office
of the teamsters union, would it not ?
Mr. Reeves. Well, I assume so, sir ; yes, sir.
Senator McNamara. Mr. Chairman, I have a couple of questions.
The Chairman. Senator McNamara.
Senator McNamara. You were an organizer for the teamsters union
how long ?
Mr. Reeves. About 18 months, sir. I am sorry I ever did that.
Senator McNamara. Were you an international organizer?
Mr. Reeves. No, sir; I was on a local basis. I understand Ten-
nessee Joint Council 87 was paying part of it and the teamsters were
paying the other part.
Senator McNamara. You were a local organizer, not an interna-
tional organizer ?
Mr. Reeves. No, sir ; I was not.
Senator McNamara. "\Vho hired you for that job ?
Mr. Reeves. Mr. Vestal hired me back in August; August 11, 1952,
prior to the election in the same month.
Senator McNamara. Were you previously a truckdriver ?
Mr. Reeves. No, sir; I was employed by the Nashville Pure Milk
Co., a subsidiary of National Dairies. I had worked there since
1916 until 1952.
Senator IMcNamara. You never were a truckdriver ?
Mr. Reeves. I was a salesman for them, a route salesman.
Senator McNamara. What was the result, or what was the ex-
pected result of putting the sirup in the trucks ?
Mr. Reeves. Well, I suppose that was revenge, sir.
Senator McNamara. What is that?
Mr. Reeves. Just to get revenge, I suppose.
Senator McNamara. No; I mean what would be the effect if it was
sucked up into the gasoline lines, through the fuel lines ?
Mr. Reeves. After the motor got hot, if they shut the engine off, it
would lock up. It would cost a lot to fix it up.
Senator McNamara. Did these people put it in the gas tank ?
Mr. Reeves. I can only vouch for two, sir.
EVIPROPEK ACTIVITTES EST THE LABOR FIELD 7253
Senator McNamara. They put it in the tank ; took the caps off the
tanks and put it in there ?
Mr. Refa'es. They had saddle tanks. They did ; yes.
Senator ]\IcNamara. They put it right in the gas tank ?
Mr. Reeves. Yes.
Senator McNamara. Theoretically, it would go up into the fuel
pump and gum it up so it wouldn't work ?
Mr. Reeves. That is right. That is what Mr. Vestal said it did.
Senator McNamara. When you were employed by the teamsters, do
you know how many members, what percentage of the employees, were
CIO and what percent were nonunion in this plant that you were
attempting to organize ?
Mr. Ree\'es. No, sirj I don't. I know that there were some that
didn't belong to the union at all.
Senator McNamara. Do you think it is a substantial number or just
a few?
Mr. Reeves. Just a few, sir.
Senator McNamara. This former employee of the company, Mr.
Marston, was he working with you at this time this previous witness
was beaten up ?
Mr, Reeves. Was he working with me? Indirectly, no. He was
there. He wasn't working. He wasn't on the liayroll. He just was
present.
Senator ]\IcNamara. He was a member of the CIO union. "Wliat
was his interest in the teamsters ?
Mr. Reeves. Well, he had a personal issue with Mr. Rasmussen, is
my understanding. He wanted to get even with him for firing him,
or however he got dismissed.
Senator McNamara. But he had no connection with the teamsters
union ?
Mr. Reeves. Not at all, sir.
Senator McNamara. Was your union under trusteeship at this time ?
Mr. Reeves. The union was under trusteeship until August 27, 1952.
Senator McNamara. At this time, they were not ?
Mr. Reeves. No, not at this time, no.
Senator McNamara. That is all, Mr. Chairman.
Mr. IvENNEDY. Senator Curtis, in connection with your question, we
had some testimony the other day regarding the telephone call that was
made from a local down in Jackson, Miss. I do not believe this
witness has any information about it. But there was a telephone call
from the teamsters local in Jackson, Miss., asking for some help, and
then the appearance of W. A. Smith down in that local, participating
in the picket lines and then the two dynamitings that followed.
The Chairman. Let me ask you about Smith. We have had con-
siderable testimony here, some direct and some circumstantial. Ap-
parently they were trying to organize and decided to use violence and
they sent for Smith. That seems to be the pattern.
Mr. Reeves. That would be my assumption, sir ; yes.
The Chairman. That seems to be the pattern from other testimony.
Mr. Reeves. Yes ; that is true.
The Chairman. Did you know him as a man or is he regarded as
a man who committed the violence in these instances? I mean when
there was trouble called for, he was sent out, and violence ap)parently
7254 IMPROPER ACTIVITIEiS EST THE LABOR FIELD
always occurred, as far as I can determine from the testimony. At
least in many instances violence immediately occurred. Was he kept
or used for that j)articular purpose? Was that his job, just goon
activity ?
Mr. Eeeves. His title, sir, was business representative. I guess
they could use him anywhere they wanted. He was that type of guy
that if he wanted to do it, he would do it ; yes, sir. In my opinion, he
had no moral thought for the human at all if he stood in his way to
get what he wanted.
The Chairman. Do you know of him dynamiting any place?
Mr. Reeves. No, sir; I do not. I have no knowledge of that.
Tlie Chairman, Did he ever tell you about dynamiting?
Mr. Reeves. He was very skeptical, sir, of having anything to say
about that, about anything that he might have participated in.
The Chairman. He told you nothing about any shootings ?
Mr. Ree\tes. No, sir ; he did not.
The Chairman. Do you remember the occasion when he got shot
himself ?
Mr. Reeves. Sir, I was not working with him at that time. I am
glad to say I was out of that outfit.
The Chairman. Why are you glad to say you were out of that out-
fit?
Mr. Reeves. Because, I will tell you, my standards are not tliat low.
I want to make apology to all tlie employers and people that was in-
volved at the time that I did participate in it. It wasn't my idea at
all.
The Chairman. It was not your idea, but you were under orders
and you undertook to carry out orders ?
Mr. Reeves. It was either that or else. I lost 8 years seniority with
the Nashville Pure Milk Co. He let my leave of absence run out.
When lie fired me, I went back to get my job, and Mr. Woodruff, the
route superintendent, told me that he could not use me any longer be-
cause I had no seniority.
Tlie Chairman. Why did he fire you ?
Mr. Reeves. Vestal? Because I would not do what he wanted
done. He said I was soft.
The Chairman. You were soft ?
Mr. Ree\t:s. Yes. If I did not beat somebody up once a month
The Chairman. You were not entliusiastic about committing
crimes ?
Mr. Reeves. I don't believe in that. A local does not have to do
that to be a union.
The Chairman. All right.
Mr. Kennedy. You did it for yourself for a while; did you not?
Mr. Reea-es. I beg your pardon ?
Mr. Kennedy. You did it yourself for a while ?
Mr. Reeves. Did what ?
Mr. Kennedy. Participated in unlawful acts.
Mr. Reeves. I did twice, sir.
Mr. Kennedy. On the pouring of the sirup, I believe I failed to ask
you who you were driving around in your car.
Mr. Reeves. Bobby Marston and Henry Monk.
Mr. Kennedy. They were the ones who would get out with the
sirup and pour it in ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7255
Mr. Keeves. They were supposed to have, sir.
Mr. Kennedy. They got out with the sirup and they got back in
without it ; did they not 'i
Mr. Keeves. That is correct, sir.
Mr. Kennedy. Those are the same two fellows that beat — well,
that is right. What reason did Mr. Vestal give for firing you?
Mr. Reeves. As I stated before, he said I was soft, that he did not
need anyone that handled employers with kid gloves.
Mr. Kennedy. That is all, Mr. Chairman.
The Chairman. Thank you very much. The committee will stand
in recess until 2 o'clock.
(Members present at the taking of the recess were Senators Mc-
Clellan, McNamara, and Curtis.)
(Whereupon at 15 : 25 p. m., a recess was taken until 2 p. m., the
same day.)
AFTERNOON SESSION
The Chairman. The committee will be in order.
(Members of the committee present at the convening of the session
were Senators McClellan, Ives, McNamara, and Curtis.)
The Chairman. All right, Mr. Kennedy, call the next witness.
Mr. Kennedy. Mr. Enos Eeed.
The Chairman. Do you solemnly swear that the evidence you give
before this Senate select committee shall be the truth, the whole truth,
and nothing but the truth, so help you God?
Mr. Eeed. I do.
TESTIMONY OP ENOS REED
The Chairman. State your name, your place of residence, and your
business or occupation.
Mr. Reed. My name is Enos Reed, and my address is 133 Higgins
Drive, Nashville, Tenn., and I am in the wholesale beer business.
The Chairman. Do you waive counsel, Mr. Reed ?
Mr. Reed. Yes, sir.
The Chairman. Proceed.
Mr. Kennedy. Mr. Reed, you are a partner in the Ajax Beer Dis-
tributors ?
Mr. Reed. Yes, sir.
Mr. Kennedy. And that is a company operating out of Nashville,
Tenn. ; is that right ?
Mr. Reed. Yes, sir.
Mr. Kennedy. You had a number of different drivers ? How many
drivers did you have ?
Mr. Reed. I have 13.
Mr. Kennedy. Now you were approached in June of 1954 by repre-
sentatives of the teamsters union to sign a contract with the teamsters ?
Mr. Reed. Yes, sir ; after they had walked out.
Mr. Kennedy. After your driver's had walked out ?
Mr. Reed. Yes, sir.
Mr. Kennedy. And what position did you take at that time with
the teamsters union ?
Mr. Reed. I was called on June 4, about 7 o'clock in the morning.
One of the salesmen told me to come on down to the office, that our
89330— 58— pt. 18 14
7256 iiviPROPER ACTivrriEis est the labor FIEU)
drivers had walked out. When I got there, all of the salesmen were
assembled in the salesroom there, and when I walked in, 2 of the
officials of the teamsters union came in and there was a dispute over a
driver that 1 of the salesmen had fired, who had been working there
2 weeks.
He said he hired him on a trial basis and he wasn't any good, and
they asked me if I would put him back to work, and I said "No." So
they said they wanted to talk to me in private. I said, "Gentlemen,
anything you have to say, you can say it in front of the salesmen."
Mr. Kennedy. The two business agents so we can identify them,
one was Ked Vaughn, and the other was W. A. Smith ?
Mr. Reed. Yes.
Mr. Kennedy. All right.
Mr. Eeed. They wanted to know if I would recognize the teamsters
union for my drivers. They said that they had a majority of them
signed up.
I said, "Well, gentlemen, you tell me you have a majority of them
signed up. I don't know whether you have or not. Let us have an
election with the NLRB and see if they want to join a union."
When I told them that, they said, "Hell, no," and they went out the
the front door and slammed the door so hard they broke the glass out
of it.
Mr. Kennedy. And the picketing took place.
Mr. Reed. The picketing was already going on.
Mr. Kennedy. Were there a number of acts of violence that fol-
lowed that?
Mr. Reed. Yes, sir.
Mr. Kennedy. You had your tires slashed, of the automobiles?
Mr. Reed. Yes, sir.
Mr. Kennedy. Some of the salesmen ?
Mr. Reed. Two of the salesmen's cars, they slashed the tires on them.
Mr. Kennedy. Was that incident reported to the police department ?
Mr. Reed. Yes, sir.
Mr. Kennedy. Were your drivers followed when they left their
place of business ?
Mr. Reed. Yes, sir ; they were followed, and picketed at every place
they stopped.
Mr. Kennedy. Were they also run off the side of the road? Did
that happen, on occasion ?
Mr. Reed. Well, on one occasion.
Mr. Kennedy. That happened to one of your drivers ?
Mr. Reed, Yes, sir.
Mr. Kennedy. Were any of your drivers beaten up ?
Mr. Reed. They were beaten up, and they refused to show up the
next morning, and they would be beaten up at night. In fact, they
run one off the truck, and the last time the salesman saw him he was
2 blocks down the street, running.
Mr. Kennedy. Wliat happened, again ?
Mr. Reed. They run one of them off the truck, out on the route.
Mr. Kennedy. How many of the drivers were beaten up ?
Mr. Reed. Well, two was all I can recall now, and they were tempo-
rary drivers that I had hired after these men had walked out.
Mr. I^nnedy. They refused to come back to work after they were
beaten ?
EMPROPER ACTIVITIES EST THE LABOR FIELD 7257
Mr. Reed. Yes, sir.
Mr. Kennedy. And you had the windshield of one of your trucks
smashed in ?
Mr. Reed. They threw a rock through the windshild of my car.
Mr. Kennedy. What about the windshields of any of your trucks?
Did that happen, or just your car ?
Mr. Reed. No ; some of the windshields were broken in the blast,
that is all.
Mr. Kennedy. In the what?
Mr. Reed. When they had the blast and blew the place up.
Mr. Kennedy. I will come to that in a second.
The home of one of your salesmen was set on fire ?
Mr. Reed. Yes, sir.
Mr. Kennedy. And was the house practically destroyed ?
Mr. Reed. It was destroyed inside ; yes, sir.
Mr. Kennedy. It was destroyed inside. Do you know how much
the loss was there ?
Mr. Reed. No, sir ; I don't.
Mr. Kennedy. Then your warehouse, did that catch on fire ?
Mr. Reed. Well, that was several months later ; yes, sir.
Mr. Kennedy. What happened ? That was the warehouse.
Mr. Reed. Yes, sir ; and someone piled some trash against the ware-
house there and set it afire.
Mr. Kennedy. Was there much damage ?
Mr. Reed. No, sir; it was set afire after the last man left, in the
evening, and he forgot something. And he went back, and he saw
the smoke, and he called the fire department which is only a block
up the street, and there was very little damage.
Mr. Kennedy. There was no question that the fire had been set?
Is that right, and it wasn't just a faulty wiring or anything like that?
Mr. Reed. It could not have been a faulty wiring.
Mr. Kennedy. There was material against the side of your
building ?
Mr. Reed. Yes, sir.
Mr. Kennedy. And that had been placed on fire ; is that right ?
Mr. Reed. Yes.
Mr. Kennedy. When did that occur, approximately ?
Mr. Reed. Well, that was in July, I believe, July or August.
Mr. Kennedy. . But that was put out before there was any extensive
damage ?
Mr. Reed. That is right.
Mr. Kennedy. Did you also have a dynamiting that took place ?
Mr. Reed. Yes, sir.
Mr. Kennedy. Wliat happened there ?
Mr. Reed. Well, I had a night watchman that I had hired after
they went on strike, and I had just let him go on the Thursday night
and the police department called me at 4 o'clock Monday morning,
and told me my place had been blown up.
Mr. Kennedy. They found dynamite there, did they ? They learned
it was by dynamite ?
Mr. Reed, Yes, sir, they knew it was by dynamite.
Mr. Kennedy. That was on June 26, 1954 ?
Mr. Reed. Yes, sir.
7258 IMPROPEK ACTIVITIES EST THE LABOR FIELD
Mr. Kennedy. What was the damage ?
Mr. Reed. Well, the damage amounted to aromid $6,000 in mer-
chandise and damage to the building.
Mr. Kennedy. Mr. Chairman: That is the dynamiting that Mrs.
Freels testified about when she appeared before the committee last
week. That Mr. Smith came back to the office and they were talk-
ing and laughing about the dynamiting that had occurred, and she
expressed the fear that maybe one of them would be caught and
they said, "We were driving away and driving down the road just
like anyone else and they could never have pinned anything on us.''
Did you go to the police regarding all of these matters ?
Mr. Reed. Yes, sir.
Mr. Kennedy. Were they able to make any arrests in connection
with it?
Mr. Reed. Not to my knowledge.
Mr. Kennedy. Did they express, or did anybody express to you
their policy as far as labor disputes were concerned ?
Mr. Reed. I don't understand what you say.
Mr. IvENNEDY. Did anybody from the police department or the
sheriff's office express to you the policy or tell you what the policy
of their respective offices were ?
Mr. Reed. They felt it was someone, either in the union or some-
one they had hired to do this job and maybe from out of town. They
expressed the belief tliat it w^as someone that had been brought in
there that no one knew about or did not know personally in Nashville.
Mr. Kennedy. Did you feel it was connected with the labor dis-
pute, all of this violence ?
Mr. Reed. I personally did, yes, because we never had any trouble
with anyone and I don't know of any enemy I have in Nashville.
Mr. Kennedy. Did any of the police officers or officers from the
sheriff's office say to you tliat they would not investigate this matter
or could not look into it because it was a labor dispute ?
Mr. Reed. The only statement made in regard to that was by the
late Tom Cartwright, the sheriff at that time, that he was going to
keep hands off of the matter, that he felt like it was a policeman's
duty, or city police duty.
Mr. Kennedy. Did he say anything about it being a labor dispute?
Mr. Reed. No; not that I remember at that time.
Mr. Kennedy. Did he at any time ?
Mr. Reed. I can't recall that.
Mr. Kennedy. Nobody ever said anytliing to you about keeping
hands off policy because it was a labor dispute?
Mr. Reed. No.
JNIr. Kennedy. They did not ?
Mr. Reed. I did not feel like I got the protection I should have.
Mr. Kennedy. That is all ? Tliere were no arrests made ?
Mr. Reed. I want to correct one thing there. Wlien they threw
that brick through my windshield, one of "the boys that were picketing
was arrested and fined for that.
The Chairman. One of the boys that was picketing ?
Mr. Reed. Yes, sir.
Mr. KJENNEDY. That was Red Vaughn.
EMPROPER ACTIVITIES IN THE LABOR FIELD 7259
Mr. Keed. No, sir ; it was just one of the pickets.
Mr. Kennedy. Up here on No. 102, we have on June 15
Mr. Reed. That was a fight that occurred down there between one
of my salesmen and Red Vaughn. They arrested both of them and
they turned my salesman loose and fined Red Vaughn $25.
Senator Curtis. How many drivers did you say you had ?
Mr. Reed. Thirteen.
Senator Curtis. Well, now, when Red Vaughn and W. A. Smith
visited you on June 4, 195-1, they said that they had a majority of your
men signed up.
Mr. Reed. Yes, sir.
Senator Curtis. How many did they have signed up ?
Mr. Reed. They wouldn't show me the list and I didn't know. I
asked them to have an election and they wouldn't do it.
Senator Curtis. Do you have any idea how many they had signed
up?
Mr. Reed. No, sir; I don't. I know several of them were scared
and they scared them and they wouldn't appear to work and they were
even made to walk the picket line.
That is the word that came to me, the man told me later and a
month or two later they were all back to work anyway.
Senator Curtis. Did you ever sign up with the teamsters union ?
Mr. Reed. No, sir.
Senator Curtis. And these workers are back and apparently satis-
fied not to do so ?
Mr. Reed. Yes, sir.
Senator Curtis. Were any of their families or wives threatened or
intimidated, that you know of ?
Mr. Reed. Not as far as the salesmen were concerned.
Senator Curtis. I mean the drivers.
Mr. Reed. I don't know. Most of them were colored.
Senator Curtis. But you felt they were unwilling picketers ?
Mr. Reed. Yes, sir.
Senator Curtis. What was the name of the salesman whose home
was set fire to ?
Mr. Reed. William Brinkley.
Senator Curtis. Do you know how much damage it was ?
Mr. Reed. No, sir ; I don't know the amount. He had to have the
whole thing refinished and it ruined the furniture.
Senator Curtis. Do you know why his home was singled out for
burning ?
Mr. Reed. Well, he had a run-in with some of them picketing his
truck while he was out on the route 2 or 3 times and I think if it was
burned by the union or any member of the union, that was probably
the reason for it. Of course, we don't know that.
Senator Curtis. He was one of the men they were trying to get into
the union ?
Mr. Reed. No, sir. That is a salesman. I have two men on a truck,
a driver — a colored boy is a driver — and a salesman who sells the beer
and collects for it and the driver brings it in.
Senator Curtis. And he had some clash with the people who were
following his truck ?
Mr. Reed. Yes, sir.
7260 IMPROPEK ACTTVITIEIS I]S^ THE LABOR FTEILD
Senator Curtis. And so then his home was set fire to. Was anyone
home at the time ?
Mr. Reed. No, sir; they were at a friend's house at a party.
Senator Curtis. Was there police investigation of that ?
Mr. Reed. Yes, sir.
Senator Curtis. What happened ?
Mr. Reed. Nothing, they never did find anything.
Senator Curtis. Did they ever pick up anyone and detain them and
question them about that ?
Mr. Reed. Not to my knowledge.
Senator Curtis. In connection with any of these offenses, was anyone
ever picked up and questioned and investigated in that manner?
Mr. Reed. In regard to the dynamiting, you mean ?
Senator Curtis. Yes, any and all of these offenses.
Mr. Reed. The only ones who were picked up was when these two
fellows had a fight, my salesman had a fight with Ray Vaughn and
they were arrested. One of the men saw the colored boy throw the
rock through my windshield and that is the only two arrests that I
know of.
Senator Curtis. The only response you would get from reporting to
the police is that they would come around once, and appear to look a
little bit and not find anything and you never heard about it again ?
Mr. Reed. They assigned two detectives to that case and they were
out there nearly every day, in and out, and they were investigating.
They said they felt like they knew who did it, but they didn't have
the proof, and they wouldn't tell me who they thought did it.
Senator Curtis. They never picked them up ?
Mr. Reed. No, sir.
Senator Curtis. That is all.
Senator McNamara. In 1953 when you were having this trouble,
you contacted the sheriff's office and was your plant located in Nash-
ville?
Mr. Reed. Yes, sir.
Senator McNamara. You did not contact the local police depart-
ment?
Mr. Reed. Oh, yes, sir. The police were the first ones there.
Senator McNamara. Who did you contact in the police department?
Mr. Reed. Martin Stevenson in the office and, of course, I just talked
to the desk sergeant and he sent a car right out.
Senator McNamara. Do you know his name ?
Mr. Reed. No, I don't ; he takes all of the calls.
Senator McNamara. He assigned a couple of detectives from the city
police force ?
Mr. Reed. To investigate ; yes, sir.
Senator McNamara. And the investigation led nowhere ?
Mr. Reed. Yes, sir.
Senator McNamara. Were you satisfied they made a thorough in-
vestigation or not? I ask you this because of some of the previous
testimony.
Mr. Reed. I am not actually in a position to say because I was not
with them and I don't know what they actually did.
Senator McNamara. You are in no position to judge whether or not
they made a complete investigation ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7261
Mr. Reed. No ; tliey were very nice to me in a lot of matters. You
see, I happened to be within a block of their garage and where car
Ko. 1 and car No. 2 territory meets and they are by there every hour
of the day in one car or tlie other, you see. If anybody wants to do
anything, they are watching that anyway.
Senator McNamara. You still have the same number of employees,
about 13 ?
Mr. Reed. Yes, sir.
Senator McNamara. Drivers ?
Mr. Reed. I have a few more.
Senator McNamara. You still operate a driver and a salesman
working as a team ?
Mr, Reed. Yes, sir.
Senator McNamara. That is all, Mr, Chairman,
The Chairman. All right, call the next witness.
Mr. Kennedy. Mr. Frank J. Allen.
The Chairman. You do solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. Allen, I do,
TESTIMONY OF FRANK J. ALLEN
The Chairman. State your name, your place of residence, and your
business or occupation,
Mr, Allen. Frank J. Allen, 2024 Ellsworth Drive, Nashville, Tenn.,
and I am not occupied at the present time.
The Chairman. What is your former employment ?
Mr. Allen. Hayes Freight Lines.
The Chairman. In what capacity ?
Mr, Allen, As terminal manager.
The Chairman. As what ?
Mr. Allen. Terminal manager.
The Chairman. Do you waive counsel ?
Mr. Allen. Yes, sir.
The Chairman. Proceed, Mr. Kennedy,
Mr. Kennedy. Mr. Chairman, this is a witness who will testify to
a beating and we will have three witnesses, including this one on this
particular matter. He is the first of three witnesses. Mr. Allen,
prior to July of 1956, you were terminal manager for the Terminal
Transport Co. ?
Mr. Allen. Yes, sir.
Mr. Kennedy. In Nashville ; is that right ?
Mr. Allen. Yes, sir.
Mr. Kennedy. Their main offices were in Atlanta, Ga. ?
Mr. Allen. That is correct.
Mr. Kennedy. And you held the same position during 1955.
Mr. Allen. Yes.
Mr. Kennedy. Now, in performing your duties, did you have some
conversations with Mr. W. A. Smith of local 327 in Nashville?
Mr. Allen. Yes, sir ; Mr. Smith was the business agent assigned to
our terminal at that time.
7262 IMPROPER ACTIVITIES IN' THE LABOR FIEIiD
Mr. Kennedy. Prior to April 5, 1955, did you have a dispute or did
Mr. W. A. Smith raise a question of the policy of the company with
you?
Mr. Allen. Yes ; in regard to the way — not the way but the people
that we worked.
Mr. Kennedy. Would you explain that to the committee?
Mr. Allen. The company found it was necesssary to employ part-
time drivers in order to take care of the business over the weekends.
These drivers, some of them, came through the union hall and some
of the drivers we hired direct. They were not the regular employees
of the company, but drivers who we worked 1 or 2 days during the
week.
Mr. Kennedy. Did you have a question raised by Mr. Smith, a ques-
tion raised with you regarding one of these drivers that you hired ?
Mr. Allen. Yes; previous to the weekend, Mr. Smith told us not
to run a driver, I believe his name was Mays over the weekend. As
I understand it, he was not a union member at that time and he sug-
gested some drivers that we should run.
ISlr. Kennedy. He was making the suggestion as to what drivers you
should hire and what drivers you should use ; is that right ?
Mr. Allen. That is right.
Mr. Kennedy. Then he came in to see you on April 5, 1955.
Mr. Allen. I think that is the date.
Mr. Kennedy. He came into your office ?
Mr. Allen. Yes, sir.
Mr. Kennedy. And you had a conversation with him at that time ?
Mr. Allen. Yes, sir.
Mr. Kennedy. Will you relate what you discussed in general
terms ?
Mr. Allen. Mr. Smith and the road driver, another Mr. Smith,
A. B. Smith, who was a stewart at the time, came into the office to
discuss the weekend operation and also any grievances that might
have arisen. Mr. Davis and Mr. Smart were in the office at the time.
We discussed some few minutes about our method of dispatch over
the weekend and some driver had some complaint about the way he
was run. We discussed that for a few minutes and then Smith asked
if we had run this driver Mays over the weekend. I am not sure
whether I answered him or Mr. Davis answered him, but the answer
was, "Yes ; we did run Mr. Mays."
Mr. Kennedy. You told him that you had run him ?
Mr. Allen. Yes, sir. There was just a minute of conversation after
that and Mr. Smith and the road steward got up to go out of the room,
out of the door, and I thought that they were leaving at that time and
I stood up at my desk and was looking at some papers on the desk
and then I looked up and Mr. Smith, W. A. Smith, was right in front
of me. He said something to the effect, "Take your hand out of your
pocket," and then he hit me across the face.
Mr. Kennedy. Then did lie continue to hit you ?
Mr. Allen. Yes; the first blow knocked me — I didn't Imow too
much what I was doing.
Mr. Kennedy. Senseless ?
Mr. Allen. Senseless, in a manner, yes ; and he continued to hit me.
I was trying to avoid the blows.
IMPBOPEIR ACTIVITIES IN THE LABOR FIELD 7263
Mr. Kennedy. He continued to hit you around the face and the
body?
Mr. Allen. Around the face.
Mr. Kennedy. And finally finished and left ; is that right ?
Mr. Allen. Yes.
The Chairman. "What condition were you in when he left ?
Mr. Allen. I was in pretty bad shape. My nose was bleeding. He
struck me across the side of the face and the nose, and I was bleeding
from a cut over my eye. I was very dizzy and sick at my stomach.
The Chairman. Did you liave to go to a hospital ?
Mr. Allen. At that time I went to a clinic. The doctor sewed my
eye — above my eye — and then later on that afternoon I went to a hos-
pital. I was X-rayed, and there were several bones broken. My nose
was broken on that side. I stayed in the hospital about 1 week.
The Chairman. Do you know whether he hit you with anything
other than his fists ?
Mr. Allen. No ; I do not know for sure.
Mr. Kennedy. There were some witnesses to the beating, were there
not — some people there who observed the beating ?
Mr. Allen. Yes. Mr. Davis, the chief dispatcher, and Mr. Smart,
the clerk in the office.
Mr. Kennedy. Did you decide to press charges on that against Mr.
Smith?
Mr. Allen. Did I decide to? No; at the time that it happened,
after I went to the hospital, I talked to my lawyer, and he didn't think
there would be much use of pressing charges, because previous to this
there had been nothing much done, only a small fine or something of
that kind, in cases of this kind.
Mr. Kennedy. Did Mr. Joseph Katz, the president of the company,
come down to see you ?
Mr. Allen. Yes ; he did.
Mr. Kennedy. Did he recommend that you press charges ?
Mr. Allen. Yes ; he did.
Mr. Kennedy. Therefore, you reconsidered and decided to press
charges ?
Mr. Allen. That is correct.
Mr. Kennedy. And you had these two witnesses plus yourself who
could identify Mr. W. A. Smith as the assailant; is that right?
Mr. Allen. That is correct.
Mr. Kennedy. So you decided to go ahead. Was Mr. Smith
indicted ?
Mr. Ali^n. Yes; he was.
Mr. Kennedy. Indicted on a charge of assault with intent to commit
murder ?
Mr. Allen. I am not sure
Mr. Kennedy. I believe that is the way the indictment reads.
Mr. Allen. It was assault, but I am not sure whether it was to
commit murder or not.
Mr. Kennedy. Or assault with intent to kill ? Do you know which
it was ?
Mr. Allen. No ; I am not sure.
Mr. Kennedy. Mr. Chairman, that is how the indictment read.
I believe it was No. 91, assault with intent to kill.
7264 IMPROPER ACTIVITIES D^ THE LABOR FIELD
The Chairman. Well, he was indicted for what he did do.
Mr. Allen. Yes, sir.
Mr. Kennedy. That was because of Mr. Katz' coming up from
Atlanta, Ga. ? He came to see you and said he wanted the case
pressed ; is that right ?
Mr. Allen. He asked me to press it ; yes.
Mr. Kennedy. And you appeared before the grand jury and these
other gentlemen appeared before the grand jury, and Mr. W. A. Smith
was indicted ?
Mr. Allen. That is correct.
Mr. Kennedy. Did the case ever go through ? Did you ever appear
in any trial ?
Mr. Allen. No ; I didn't.
Mr. Kennedy. You withdrew the charges ?
Mr. Allen. I withdrew the charges.
Mr. Kennedy. Did you have a further conversation with Mr. Katz,
the president of the company ?
Mr. Allen. Yes ; I did.
Mr. Kennedy. Will you tell the committee what happened at that
time?
Mr. Allen. Mr. Katz asked me to withdraw the charges, and I did.
Mr. Kennedy. Did he explain to you why ?
Mr. Allen. No ; he didn't explain to me why, and I assumed that
it was to possibly get along with the union better if we didn't press
the charges.
Mr. Kennedy. Did he tell you that he had had any conversation
with Mr. San Soucie of Indianapolis ?
Mr. Allen. No, sir ; he didn't.
Mr. Kennedy. Did he tell you he had a conversation with Mr.
Hoffa regarding this, prior to asking you to withdraw the charges ?
Mr. Allen. No, sir.
Mr. Kennedy. Did he tell you that his representative had a con-
versation with Mr. Dusty Miller about withdrawing the charges ?
Mr. Allen. No, sir.
Mr. Kennedy. Wliat did he tell you when he asked you to with-
draw the charges, after you had decided, at his suggestion, to press
the charges originally ? Did he precede the remarks by making any
statement ?
Mr. Alllen. Well, he did make the statement that it was a very
hard thing for him to do, to ask me to drop the charges.
Mr. Kennedy. But he didn't give any reason beyond that?
Mr. Allen. No, sir.
Mr. Ivennedy. You just understood it was in order to get along
with the union ?
Mr. Allen. That is correct.
Mr. Kennedy. Were most of the employees of your company in
favor of you pressing the charges ?
Mr. Allen. That I don't know, sir.
Mr. Kennedy. Was that the request of Mr. Katz, that you with-
draw the charges ?
Mr. Allen. Yes ; he asked me to.
Senator Cuktis. Mr. Chairman ?
The Chairman. Senator Curtis.
EVIPROPER ACTIVITIES IN THE LABOR FIELD 7265
Senator Curtis. How did you go about to withdraw these charges 1
Did you go to the prosecutor's office, or what did you do?
Mr. Allen. I went to the court when the case was called for trial,
when it came up for trial. I went to the court and asked the court
to drop the charges.
Senator Curtis. Did you have a conversation with the prosecutor
before the court convened ?
Mr. Allen. The attorney general ?
Senator Curtis. Yes.
Mr. Allen. No, sir ; I never talked to the attorney general.
Senator Curtis. You just went in on your own and when the case
was called you got up and said you were dropping the charges?
Mr. Allen. That is correct.
Senator Curtis. Did they know you were going to do that?
Mr. Allen. I don't know, sir. Well, possibly so. The attorney,
my attorney, I had talked to him before, a couple of days before, I
believe, and told him that I wished to drop the charges. He was
assisting in the prosecution.
Senator Curtis. As a private lawyer? He wasn't an assistant
attorney general ?
Mr. Allen. No, sir. He was a private lawyer.
Senator Curtis. What judge presided over that court?
Mr. Allen. Judge Gilbert.
Senator Curtis. Did he make any comments when you announced
that you were dropping serious charges like this ?
Mr. Allen. Yes ; he did.
Senator Curtis. What did he say ?
Mr. Allen. He gave me quite a dressing down for making the
charge and then withdrawing it.
Senator Curtis. What was he mad about ? Because you made it or
because you dropped it ?
Mr. Allen. Because I dropped it.
Senator Curtis. Did he say anything to the prosecutor for per-
mitting it to be dropped ?
Mr. Allen. I don't remember him saying anything to the prose-
cutors.
Senator Curtis. That is all, Mr. Chairman.
The Chairman. Wliat had you done to get this beating ?
Mr. Allen. Nothing that I know of, sir.
The Chairman. "V^Hiat was his complaint against you? As I
understood, you had sent somebody out to work at this spare-time job.
Mr. Allen. That was his complaint, that I hadn't worked the man
that he had recommended, and I had worked the man that he asked
me not to.
The Chairman. Were they unionmen ?
Mr. Allen. The one that I worked was nonunion at that time. I
understand he joined the union later on.
The Chairman. And the one that he recommended was a unionman ?
Mr. Allen. Yes.
The Chairman. That is why he beat you up ?
Mr. Allen. Yes, sir.
The Chairman. Was your plant organized at that time ?
Mr. Allen. Yes: it was.
7266 IMPROPER ACTIVITIES IN THE LABOR FIELD
The Chairman. It was organized at that tune ?
Mr. Allen. Yes.
The Chairman. So your sin, the offense you committed, was send-
ing out a nonunion driver on the truck ?
Mr. Allen. That is right, sir.
The Chairman. And for that you got this beating ?
Mr. Allen. Yes.
The Chairman. Wlien did you quit the employ of this company?
Mr. Allen. I believe in July of 1956.
The Chairman. You haven't worked since ?
Mr. Allen. Yes, sir ; I worked for Hayes Freight Lines.
The Chairman. You worked for Hayes Freight Lines ?
Mr. Allen. Yes, sir.
The Chairman, I guess you didn't put on any nonunion truck-
drivers any more after that ; did you ?
Mr. Allen. Yes, sir ; I did.
The Chairman. You did?
Mr. Allen. Yes, sir.
The Chairman. You were taking a pretty big risk ; were you not ?
Mr. Allen. Well, I would have been more prepared for anything
of this kind after that.
The Chairman. You made a little preparation ?
Mr. Allen. Well, in my mind I would have been more watchful
about who I was talking about and who I would turn my back on.
The Chairman. Did he ever give you any more trouble after that ?
Mr. Allen. No, sir.
The Chairman. Is this fellow Smith from Nashville ?
Mr. Allen. Yes, sir.
The Chairman. We have had a lot of testimony about him as a kind
of a troubleshooter to be sent around over the country to commit
violence.
Mr. Allen. I understand that now, sir.
The Chairman. You didn't know it then ?
Mr. Allen. I did have at that time some knowledge of his reputa-
tion, but I was unprepared for any action on his part at that time.
The Chairman. Are there any further questions ?
Mr. Kennedy. How old are you ?
Mr. Allen. I am 47.
Mr. Kennedy. Did you mind withdrawing the charges ?
Mr. Allen. No ; I didn't mind.
Mr. Kennedy. You did not ?
Mr. Allen. No.
Mr. Kennedy. Wlio paid the court costs ?
Mr. Allen. Yes.
Mr. Kennedy. You paid them ?
Mr. Allen. The company paid them.
Mr. Kennedy. The comr>any paid them in this case ?
Mr. Allen. I beg your rdon ?
Mr. Kennedy. The com any paid them in this case ?
Mr. Allen. Yes.
The Chairman. "Why a'd you not mind withdrawing the charges?
I would not like to just get beat up like that, with my nose broken
and a cut over the eye without having a little satisfaction some-
IMPRiOPER ACTIVITIES IN THE LABOR FIELD 7267
where. I don't know whether I could get it personally. It seems to
me like after having initiated the charges you would want to see
justice done.
Mr. Allen. Well, in the case of justice, it was entirely my idea
that I should have been prepared for anything of that kind.
The Chairman. You kind of blamed yourself for not being better
prepared ?
Mr. Allen. Yes, sir.
The Chairman. I don't think that excuses a man to walk up and
knock you in the head just because you are not prepared. I hope that
doesn't justify it. Is there anything further ?
Senator Curtis. Mr. Chairman, I think it would be well to observe
at this point with reference to sending out a driver who didn't belong
to the union, that was no violation of law. The Federal law prohibits
the closed shop. Even under a union-shop contract, he would have
30 days or some such period after his employment to join the union.
No offense whatever was committed by this man.
The Chairman. I didn't tliink any offense was committed, but I
cannot quite rationalize his attitude about it. I think I would have
been a little unhappy to take a beating like that for nothing and then
be compelled to withdraw the charges. Did you feel you were under
compulsion when you withdrew the charges ?
Mr. Allen. No, sir.
The Chairman. The head of your company said it was a hard thing
for him to have to do to ask you to withdraw them ?
Mr. Allen. Yes, sir.
The Chairman. And he is the one who prompted you to initiate
the charges as I understand it.
Mr. Allen. Yes, sir.
The Chairman. Has his boss been contacted to give an explanation ?
Mr. Kennedy. He will be a witness.
The Chairman. He will be around here ? All right.
Thank you very much.
Call your next witness.
Mr. Kennedy. Mr. Wallace Davis.
The Chairman. You do solemnly swear the evidence you shall give
before this Senate select committee shall be the truth, the whole truth,
and nothing but the truth, so help you God ?
Mr. Davis. Yes.
TESTIMONY OF WALLACE DAVIS
The Chairman. State your name, your place of residence, and your
business or occupation.
Mr. Davis. My name is Wallace Davis. I live at 8363 Monte Vista
Street, Jacksonville, Fla. I am employed by the Great Southern
Trucking Co. as their transportation contrQl manager.
The Chairman. You waive counsel, do ,a, Mr. Davis?
Mr. Davis. Yes. . ,',
The Chairman. Mr. Kennedy, proceed.
Mr. Kennedy. Mr. Davis, you worked ij^jr the Terminal Trucking
Co. during 1955 ?
Mr. Davis. Yes.
7268 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Kennedy. What was your position at that time ?
Mr. Davis. Chief dispatcher.
Mr. Kennedy. You were present at the time that Mr. "VV. A. Smith
came on April 5, 1955 ?
Mr. Davis. Yes.
Mr. Kennedy. At the time he gave the beating to the previous
witness?
Mr. Davis. Yes.
Mr. Kennedy. Could you tell the committee what transpired.
Mr. Davis. Well, W. A. Smith, or Smitty as he was known as, and
A. B. Smith, line driver steward, came out to discuss the hiring of
extra help or casual help that they used on the weekends and when we
were in need of casual labor. They discussed that along with perhaps
some other things that they might have had, such as grievances. But
the main topic of conversation was the employment of these casual
drivers.
Smith was not — that is, Smitty — was not pleased with the men
that Mr. Allen had selected. He wanted him to use the men that he
sent to him from the union hall. The conversation got somewhat
heated and Smith appeared to be leaving, and then he turned and
came back and started his attack on Mr. Allen.
Mr. Kennedy. How would you describe the attack ?
Mr. Davis. Well, it was a brutal, vicious sort of an attack.
Mr. Kennedy. Was Mr. Allen able to fight back at all ?
Mr. Davis. No, I don't think he was able after the first blow. He
apparently was unaware that he was going to be hit, and after that
blow he was not able to fight back.
Mr. Kennedy. Did Smith just keep hitting him even with Allen
just standing there?
Mr. Davis. Yes; he did. And apparently he was choking him
while Mr. Allen was defenseless.
Mr. Kennedy. Have you ever seen anything like that before?
Mr. Davis. No.
Mr. Kennedy. What did you try to do, or what did anybody else
try to do ?
Mr. Davis. There was very little I could do. In the arrangement
of the office at that time I was across a double desk. There was very
little I could do. There was no attempt on my part other than I did
ask Smitty to come on and get out before he got in trouble, and he
turned and said to the steward, "Let's get out of here."
Mr. Kennedy. So they went out through the door ?
Mr. Davis. So they left.
Mr. Kennedy. What was the condition of Mr. Allen after Mr.
Smith left?
Mr. Davis. He was bleeding around the nose and face, and had be-
gun to swell around the eye and nose. He went into the restroom,
together with one of the shopmen out in the shop, to wash up his face
and so on, and sort of examine his condition.
Mr. Kennedy. Was he taken to the hospital after that ?
Mr. Davis. I believe he was taken to a doctor.
Mr. Kennedy. Did you call Mr. Katz, the president of the company ?
Mr. Da\^s. No. I — I called Atlanta. I called the general office,
and I believe I talked to Mr. Spikerman, the vice president at that time.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7269
Mr. Kennedy. Did you describe to him what had happened ?
Mr. Davis. Yes. I told him what had occurred and what had hap-
pened.
Mr. Kennedy. Did Mr. Katz come down then the following day ?
Mr. DA^^s. Yes; he, and I believe Mr. Spikerman, both came the
following day, the best I recall. They both came either late that day
or early the next day.
Mr. Kennedy, Did you see Mr. Katz when he came down ?
Mr. Davis. I saw him while he was there ; yes.
Mr. Kennedy. Was he upset and incensed as to what had happened
to Mr. Allen?
Mr. Davis. He appeared to be angry about it,
Mr. Kennedy. Did he want something done about it?
Mr. Davis. Yes.
Mr. Kennedy. He wanted Mr, W. A. Smith prosecuted; is that
right?
Mr. Davis. Yes.
Mr. Kennedy. Mr. Allen decided to prosecute and then did you
appear before the grand jury ?
Mr. Da\^s, I went to the court but I did not appear before the
grand jury. I was not called before the grand jury to give any
testimony.
Mr. Kennedy. But Mr. Smith was indicted ; was he not ?
Mr. Davis. Yes.
Mr. Kennedy. Did you understand that the charges were with-
drawn ?
Mr. Davis. Yes.
Mr. Kennedy, Were you surprised at that ?
Mr. Davis. Yes ; I was.
Mr. Kennedy. Did you have any explanation or did you understand
why the charges were withdrawn ?
Mr. Davis. No ; I did not. I wasn't with Terminal Transport at the
time the charges were withdrawn and I knew nothing about it.
Mr. Kennedy. '\'Miat is your best information as to why the charges
were withdrawn ?
Mr. Davis. Well, it was generally believed among the people there
that it was withdrawn to keep down labor trouble or pressure put on
the company by the union.
Mr. Kennedy. That is what was generally understood ?
Mr. Davis. Yes.
Mr. Kennedy. That is all.
The Chairman. Are there any questions?
If not, thank you very much, Mr. Davis.
Call your next witness.
In the meantime, the Chair will insert in the record at this point an
affidavit from Charles H. Smart, who was also present. The affidavit
will be printed in the record in full. So we may get a general idea, I
will read only part of it.
It seems that Mr. W. A. Smith wanted to have Mr. Allen hire certain union
drivers on weekends. Mr. Allen, in his normal, mild manner, did not agree.
Suddenly, without provocation, I saw W. A. Smith strike Allen a number of
times in the face with his fist. I could see that Mr. Allen was dazed from the
7270 IMPROPER ACTIVITIES IN THE LABOR FIELD
blows and bleeding profusely from the face and head. I quickly left the room
in order to get help. When I returned to the office with a couple of men, I saw
A. B. Smith, the steward, walking out of the building with W. A. Smith. A
short time after the assault had taken place, Mr. A. B. Smith, who did not partici-
pate whatsoever in the assault, returned to Mr. Allen's office. He was quite
upset, and he remarked to Mr. Allen that he had no idea that W. A. Smith would
attack Mr. Allen. He further stated that, if he had any idea that anything like
that was going to happen, he would not have accompanied the teamster union
official to Mr. Allen's office.
(The affidavit referred to follows:)
Affidavit
I, Charles H. Smart, who reside at 927 McClurkia Avenue, Nashville, Tenn.,
freely and voluntarily make the following statement to LaVern J. Duffy, who has
identified himself to me as a member of the staff of the United States Senate
Select Committee on Improper Activities in the Labor-Management Field. No
threats, force, or duress has been used to induce me to make this statement, nor
have I received any promise of immunity from any consequences which may
result from submission of this statement to the aforementioned Senate select
committee :
Since the year 1955, I have held the position of dispatch clerk for the
Terminal Transport Co., with offices in Nashville, Tenn. I recall on April 5,
1955, I was sitting at my desk, which was located approximately 5 feet from
the desk of Mr. Frank Allen, the terminal manager for the company, when 2 men
came into the office to see Mr. Allen. One of the men was W. A. Smith, teamster
business agent in Nashville, and the other man was A. B. Smith, a steward for the
teamster union, employed at the Terminal Transport Co. in Nashville. It always
made an impression on me when W. A. Smith of the teamster union would
visit the office, because he was always loud and boisterous. His visit to the
office on April 5 was no exception ; at the outset of his discussion with Mr. Allen,
he began yelling and making certain demands.
It seems that Mr. W. A. Smith wanted to have Mr. Allen hire certain union
drivers on weekends. Mr. Allen, in his normal, mild manner, did not agree.
Suddenly, without provocation, I saw W. A. Smith strike Allen a number of
times in the face with his fist. I could see that Mr. Allen was dazed from the
blows and bleeding profusely from the face and head. I quickly left the room
in order to get help. When I returned to the office with a couple of men, I saw
A. B. Smith, the steward, walking out of the building with W. A. Smith. A
short time after the assault had taken place, Mr. A. B. Smith, who did not
participate whatsoever in the assault, returned to Mr. Allen's office. He wa.Sf
Quite upset, and remarked to Mr. Allen that he had no idea that W. A. Smith
would attack Mr. Allen. He further stated that, if he had any idea anything
like that was going to happen, he would not have accompanied the teamster-
union official to Mr. Allen's office.
I have read the foregoing statement, and, to the best of my knowledge, it is
true and correct.
Charles H. Smart.
Witnesses :
LaVern J. Dufft.
James McShane.
Sworn to and subscribed before me this 14th day of August 1957.
[seal] Robert D. Hall,
Chief Deputy Clerk, United States District Court, Nashville, Tenn.
Mr. Kennedy. Mr. Joseph A. Katz, please.
The Chairman. Come forward, Mr. Katz.
Yoii do solemnly swear the evidence you shall give before this
Senate select committee will be the truth, the whole truth, and noth-
ing but the truth, so help you God ?
Mr. Katz. I do.
IMPROPEIR ACTIVITIES IN THE LABOR FIELD 7271
STATEMENT OF JOSEPH KATZ
The Chair3ian. State your name, your place of residence, and
your business or occupation.
Mr. Katz. Joe Katz, 3460 Tuxedo Koad, Atlanta, Ga., president,
Terminal Transport Co.
The CiiAiRMAx. Do you waive counsel, Mr. Katz?
Mr. Katz. Yes, sir.
The Chairman. Proceed.
Mr. Kennedy. Mr. Katz, you are president of the Terminal Trans-
port Co. ?
Mr. Katz. Yes, sir.
Mr. Kennedy. For how long have you held that position ?
Mr. Katz. I start my seventh year this coming January.
Mr. Kennedy. You operate in how many States ?
Mr. Katz. Approximately 6 or 7 States.
Mr. Kennedy. Six or seven States?
Mr. Katz. Yes.
Mr. Kennedy. What area of the country ?
Mr. Katz. What area? We operate directly north and south.
Mr. Kennedy. On the eastern seaboard ?
Mr. Katz. Yes.
Mr. Kennedy. And how many drivers do you have ?
Mr. Katz. We have, approximately, between 200 and 250 drivers.
Mr. Kennedy. And that includes over-the-road drivers as well as
local drivers ?
Mr. Katz. That is right.
Mr. Kennedy. You have contracts with the teamstears union ? .
Mr. Katz. Yes, sir.
Mr. Kennedy. Covering those drivers, or the vast majority of the
drivers I
Mr. Katz. Yes.
Mr. Kennedy. You learned in April of 1955 that Mr. Allen, who
was the terminal manager in Nashville, was beaten; is that right?
Mr. Katz. I don't remember the exact date, but 1 did hear that he
was beaten.
Mr. Kennedy. In April 1955.
Mr. Katz. If that is the date, I w^ill go along with it.
Mr. Kennedy. You learned that in Atlanta, and you came from
Atlanta to Nashville to look into the matter ?
Mr. Katz : Yes.
Mr. Kennedy. You talked to Mr. Allen at that time ?
Mr. Katz. I went to the hospital to see Mr. Allen.
]Mr. Kennedy. You say he was badly beaten ?
Mr. Katz. That is right.
Mr. Kennedy. Did you recommend at that time that he press charges
against W.A.Smith?
Mr. Katz. Yes.
Mr. Kennedy. And he agreed to do so ?
Mr. Katz. Yes.
Mr. Kennedy. There was a grand jury, and Mr. W. A. Smith was
indicted for assault with intent to kill. You subsequently contacted
Mr. Allen and suggested that he withdraw these charges ; is that right?
89330— 58— pt. 18 15
7272 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Katz. I don't know exactly what the story was in Nashville —
I mean what type of case it was — but I did talk to Frank and sug-
gested that he drop the case.
Mr. Kennedy. In between the time that you came to Nashville and
suggested that he press the case, and the time that you came to Nashville
and suggested that he withdraw the case, what teamster officials did you
talk this matter over with ?
Mr. Katz. I talked to Mr. San Soucie up in — I think that was In-
dianapolis at that time.
Mr. Kennedy. That is Gene San Soucie ?
Mr. Katz. Yes.
Mr. Kennedy. What was his position in the teamsters ?
Mr. Katz. He was president of local 135
Mr. Kennedy. What conversations did you have with him ?
Mr. Katz. We were discussing some other things, and that came up.
Gene suggested to me that I drop it.
Mr. Kennedy. For what reason ?
Mr. Katz. Just that, apparently, things were going along so well
with our company. You see, before I bought this company, this com-
pany had a lot of union trouble, a lot of it. And then, after I bought it,
we had several strikes, too. We had started getting our labor relations
in pretty good shape. Some of the drivers had also discussed it with
me. They didn't want to see any further strikes on account of this
incident.
The Chairman. Let's see now. If a man comes in and beats up
somebody, which, according to the testimony so far was without provo-
cation, do I understand there was the threat or the implication that
a strike would take place if these charges were pursued 'i
Mr. Katz. No, sir; not exactly. But we have — we did have in
Nashville a lot of drivers that were very radical, and from time to
time, if things didn't go exactly the way they wanted them to go, they
might walk out for a period of 24 hours. When that happens in our
business, it is bad.
The Chairman. In other words, you would rather persuade this
man not to press charges, this fellow that got his face beaten up, his
nose broken, and so forth, persuade him not to press charges to save
yourself from labor trouble; is that it?
Mr. Katz. No, sir.
The Chairman. What else does it add up to ?
Mr. Katz. Also, Frank Allen had discussed with me the fact that
he and his wife were both mighty concerned about this things, and I
think his wife was very nervous.
The Chairman. Concerned how ? Concerned that there would be
more violence?
Mr. Katz. Yes, sir.
The Chairman. In other words, there was apprehension that, if
you pressed the charges, the next time it would be worse; is that it?
Mr. Katz. That is the impression I got, sir.
(At this point Senator Curtis left the hearing room.)
Mr. Kennedy. You talked to Mr. San Soucie. Did you talk to any
other union officials ?
INIr Katz. At a later date I was in Chicago having lunch at a hotel.
We were up there on some grievance meetings. Mr. Hoffa came in and
IMPROPER ACTIVITIES IN THE LABOR FIELD 7273
sat down, and the subject came up. If I remember correctly, Mr.
Hotfa said that he would like to see the tiling dropped.
Mr. Kennedy. Was there any other conversation that you had with
any other one? You had this conversation with Mr. Holla and Mr.
San Soucie. Did you have conversations with any other teamster
officials ?
Mr. IvATz. I don't remember anyone else.
Mr. IvENNEDY. Did any representative of yours talk to Mr. Dusty
Miller?
Mr. Katz. Yes; there was. At the time this happened, I think it
was the same afternoon or the next afternoon, our labor-relations man
was in Nashville — was stationed there, in fact — and I insisted that he
get hold of Mr. Miller and tell Mr. Miller that we didn't want Mr.
Smith to come aromid our barn any further.
(At this point Senator Ives left the hearing room.)
Mr. Kennedy. What did Mr. Miller say about that ?
Mr. IvATZ. He was quite disturbed about it. From the information
I got later through the grapevine, Mr. Miller got hold of the president
of the local in Nashville and told him to keep Mr. Smith away from
our terminal.
Mr. IvENNEDY. Was any disciplinary action taken against Mr.
Smith?
Mr. Katz. I don't know that.
Mr, Kennedy. Did you check to find out if they did anything about
Mr, Smith?
Mr. Katz. No, sir.
Mr, Ivennedy. Even though your employee had been brutally
beaten, you didn't check to see if anything at all would happen to
Mr. Smith?
Mr. IVATZ, No, sir ; I didn't.
Mr. Ivennedy, Was there any discussion with Mr. Hoffa as to your
employee and his rights under the matter ?
Mr, Katz, Would you give me that again, please ?
Mr, Kennedy, Was there any discussion with Mr. Hoffa in Chicago
as to the rights of your employee, Mr, Allen, in the matter?
Mr, Katz, Yes, I told Mr. Hoffa that I was pretty aggravated
about a business agent taking something like this in his hands and
beating up one of my people, I told him, as far as I was concerned,
it was absolutely uncalled for, Mr, Hoffa agreed with me and said,
"Well, you know how boys are sometimes. They will get into a hot-
headed discussion," In our particular business, it does happen not
necessarily between union and company, but many, many times you
will have drivers get into it the same way.
Mr, Kennedy, Did you find out from Mr. Hoffa whether he, as
the head of Mr, Dusty Miller, wliether he was going to take any action
against Mr. W, A. Smith ?
Mr. Katz, No ; I didn't,
Mr. Kennedy, Was anybody in your company or in the teamsters
concerned at all regarding what action should be taken against W. A.
Smith for inflicting this beating on this man ?
Mr, Katz, I was aggravated about it. I didn't pursue it any
further.
7274 IMPROPER ACTIVITIES IX THE LABOR FIELD
Mr. Kennedy. You were aggravated, but that is about as far as it
went ?
Mr. Katz. That is right.
Mr. Kennedy. You were concerned whether you were going to have
any labor difficulties, as your company had had labor difficulties prior
to the time you became president ; is that right — and for that reason
you suggested that your employee withdraw these charges?
Mr. Katz. I don'tknow if I will go along with that, Mr. Kennedy.
Mr. Kennedy. You explain it.
Mr. Katz. We weren't threatened in any way. At least, I wasn't.
Mr. Kennedy. You might not have been threatened, but you had
conversations with Mr. San Soucie, who is one of Mr. Holla's right-
hand men, and you had a conversation with Mr. Hoffa, and then you
decided that you would ask your employee to withdraw these charges.
So, you must have been concerned or upset about something, Mr.
Katz.
Mr. Katz. Well, I was upset when the thing first happened, and
then, as months went by, naturally, you cool off and forget.
Mr. Kennedy. You were concerned, also, about the trouble or diffi-
culties that your company might have with the union, were you
not?
Mr. Katz. I don't think so.
Mr. Kennedy. You said that earlier, Mr. Katz ; the fact that your
company had had trouble with the union prior to the time you became
president.
Mr. Katz. That is correct ; lots of it.
Mr. Kennedy. And you associated that with the conversation you
had with Mr. San Soucie. You wanted to keep a peaceful relationship
with the union.
Mr. Katz. That is right.
Mr. Kennedy. And you were willing at that time to have, certain-
ly, the rights of your employees sacrificed to insure the fact that you
would have peaceful relationships with the union ; were you not ?
Mr. Katz. Yes, sir.
Mr. Kennedy. That is all.
The Chairman. Are there any questions ?
Senator McNamara. Yes, Mr. Chairman. In the changing of your
mind, when you suggested that Mr. Allen drop the charges, were you
intimidated at all by anybody ?
Mr. Katz. None whatsoever, sir.
Senator McNamara. They just requested that you take the action,
and you went along without any threats or intimidation or anything
else?
Mr. Katz. That is right, sir.
Senator McNamara. That is all. I thought you said you were ap-
prehensive about further trouble ?
Mr. Katz. Sir?
The Chairman. Didn't you say you were apprehensive about fur-
ther trouble if the charges were pressed, or did you ?
Mr. Katz. No, sir ; I wasn't concerned about having further trouble
on account of that.
The Chairman. All right.
Mr. Kennedy. Would you read back the last answer he made to my
question, please ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7275
The Chairman. I think you said that, and I think you also added
to it. In the course of examining you, you added to it that Mr. Allen
and his wife were disturbed and they were apprehensive also that the
situation would be worse next time.
Mr. Katz. Yes; but I wasn't acquainted with the situation that
actually existed up there, and how bad it was, on all of these accounts
that occurred at Nashville. They were, and I wasn't.
The Chairman. I understand.
Mr. Kennedy. I would like to have the reporter read back the last
answer to the last question I asked him.
The reporter read from his notes as follows :
Mr. Kennedy. And you were willing at that time to have, certainly, the
rights of your employees sacrificed to insure the fact that you would have peace-
ful relationships with the union, were you not?
Mr. Katz. Yes, sir.
The Chairman. That is all. Call the next witness,
Mr. Kennedy. Mr. and Mrs. Eobert Whitley. This is a diifferent
matter, Mr, Chairman.
The Chairman. You will both be sworn, please. You do solemnly
swear that the testimony you shall give before this Senate select com-
mittee will be the truth, the whole truth, and nothing but the truth,
so help you God ?
Mr. Whitley. Yes, sir.
Mrs. Whitley. Yes, sir.
TESTIMONY OF ROBEKT V. WHITLEY AND JOSEPHINE WHITLEY
The Chairman. Each state your name, your place of residence, and
your business or occupation.
Mr. Whitley. Roliert V. Whitley, Jr., 191 Thompson Lane, Nash-
ville, Tenn. I own and operate the Woodbine Radio Cab.
The Chairman. Own and operate what ?
Mr. Whitley. Woodbine Radio Taxicab Co.
Mrs. Whitley. Mrs. Robert Whitley. I work with my husband in
operating the Woodbine Radio Cab Co.
The Chairman. Thank you very much. Do each of you waive
counsel ?
Mr. Whitley. Yes, sir.
Mrs. Whitley. Yes, sir.
The Chairman. Proceed.
Mr, Kennedy. You had, in October 1954, approximately 10 cabs;
did you ?
Mr. Whitley. Yes, sir.
Mr. Kennedy. You operate in Nashville, Tenn. ?
Mr. Whitley. That is right.
Mr. Kennedy. And the teamsters came and attempted to organize ?
Mr. Whitley. Yes, sir.
Mr. Kennedy. Did you refuse to sign a contract at that time ?
Mr. Whitley. They came out one afternoon to talk the situation
over with me. It waskind of late, and I told him I was kind of busy.
I seemed not to be disagreeable with them. I told them I would talk
it over with them the next morning, and we would meet the next
morning.
Mr. Kennedy. You would do what ?
7276 IMPROPER ACTIVrTIES IN THE Lu\BOR FIELD
Mr. Whitley. Meet and talk the situation over the next morning.
Mr. Kennedy. Did yon meet ?
Mr. Whitley. Yes ; we met the next day. We set a time there, but
they wasn't there at the time they specified they would be.
Mr. Kennedy. So as I understand it, you first operated in Nash-
ville ; is that right ?
Mr. Whitley. That is right.
Mr. Kennedy. Did you move out of Nashville into Shelby ville ?
Mr. Whitley. Well, that night I moved the taxicabs out of Nash-
ville.
Mr. Kennedy. You moved them out ?
Mr. Whitley. I moved the cabs away from the cab office.
Mr. Kennedy. At the time you were approached by the teamsters ?
Mr. Whitley. No; that was after. We were in operation when I
was approached by the teamsters.
Mr. Kennedy. It was after that ?
Mr. Whitley. Yes.
Mr. Kennedy. Was it during the discussion of the time the team-
sters first approached you ?
Mr, Whitley. They approached me that afternoon, and that night
I moved the cabs out of Nashville into Shelby ville, before the meeting
the next morning.
Mr. Kennedy. For what reason did you do that ?
Mr. Whitley, Well, from the reputation that I have heard that
they have had, I was afraid they would tear up the equipment, and
so I thought it best that I would take them away from the place of
business to keep them from being tore up.
Mr, Kennedy. Did anything happen to your place of business
after you moved out ?
Mr, Whitley, Well, not right then. It was approximately 10 days
after that. They walked pickets there for 10 days or 2 weeks, and I
was closed. I shut down. So one Sunday morning I had a call from
the fellow who runs a service station across from me, telling me I had
better come down there, that my office was wrecked,
Mr. Kennedy. You reported that to the county sheriff's office?
Mr, Whitley. Yes, sir.
Mr. Kennedy. Were you ever interviewed further on the matter?
Mr. Whitley. Yes ; they came out, and as a matter of fact, I went
up there to the sheriff's office and told them the situation, and as a
matter of fact, I even offered a reward for the arrest and conviction
of anyone found guilty.
Mr. Kennedy. Did you ever find the responsible party ?
Mr. Whitley, No, sir.
Mr. Kennedy. So you moved out to Shelbyville, or you operated
your cabs out in Shelbyville ?
Mr. Whitley. I did not operate the cabs out there. I just had
them stored there.
Mr. Kennedy. And you continued to operate ?
Mr. Whitley. No, sir ; I did not,
Mr. Kennedy. You stopped operating altogether?
Mr. Whitley. Yes, sir.
Mr. Kennedy, You stopped operating altogether because of the
reputation that the teamsters had ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7277
Mr. Whitley. Yes, sir ; and I wanted to figure out myself wliat tlie
best move was to do, to take into consideration what I ought to do,
and what should be done.
Mr. Kennedy. So you closed down your business altogether ?
Mr. Whitley. I closed down my business altogether.
Mr. Kennedy. How long did that last ?
Mr. Whitley. Two weeks.
Mr. Kennedy. Then did you decide to open up again ?
Mr. Whitley. I decided to open up again.
Mr. Kennedy. For what reason ?
Mr. Whitley. Well, I had some sort of an oral contract with the
Davidson Board of Education hauling handicapped children to school,
and I had 73 handicapped children. During the time I was shut down,
they did not go to school.
Mr. Kennedy. Because there was nobody to take them to school
other than yourself ?
Mr. Whitley. That is right.
Mr. Kennedy. So did they request that you open up again ?
Mr. Whitley. The mothers and parents of the children kind of en-
couraged me to go back into the business, and so I told the drivers and
I contacted some of the drivers and they told me they talked it over
with the union officials, and see what they could do. So during the
time I got together with the union official, and the city taxicab in-
spector, who came to my home.
Mr. Kennedy. Who was the city taxi inspector ?
Mr. Whitley. Frank Eeed was his name.
Mr. Kennedy. Frank Reed ?
Mr, Whitley. Yes.
Mr. Ivennedy. That is R-e-e-d ?
Mr. Whitley. Yes, sir; that is right. He came to my home, and
they told me well, I had best sign up with the union if I wanted to
operate, and he did not want to see anybody get hurt, and it would be
best for those concerned.
Mr. Kennedy. The city cab inspector came to your home and sug-
gested that you sign up with the union ; is that riglit ?
Mr. Whitley. With the business agent.
Mr. Kennedy. He came with the business agent ?
Mr. Whitley. Yes, sir.
Mr. Kennedy. Was he in the teaijisters union ?
Mr. Whitley Yes, sir ; he is a member of the teamsters union.
Mr. Ivennedy. The city cab inspector was actually a member of the
teamsters union himself ?
Mr. Whitley. Yes, sir ; and he still is.
Mr. Kennedy. He still is a member of the teamsters union ?
Mr. Whitley. Yes, sir.
Mr. Kennedy. Yet he worked for the city and held the position of
city cab inspector ?
Mr. Whitley. That is right.
Mr. Kennedy. And he told you or he came out to your home and
suggested you join the teamsters union if you wanted to avoid violence ?
Mr. Whitley. That is right.
Mr. Kennedy. And difficulties ?
Mr. Whitley. If I wanted to operate.
7278 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Kennedy. So you signed a union contract with the teamsters.
Mr. Whitley. I signed a union contract with the teamsters, and
started operating again, and I got the cabs back from Shelbyville.
Mr. Kennedy. Did you have any problems or difficulties with the
teamsters then ?
Mr. Whitley. Well, for a 2-week period that I operated, while
the drivers were there, they were members of the teamsters union, and
I had nothing but trouble, and I just could not control them no way
at all, and they would do anything and they always had some sort of
order or request whenever I asked them to do something.
Mr. Kennedy. Prior to this time, before you were in the union, how
did your wage scale compare to the union wage scale ?
Mr. Whitley. Eight along the same.
Mr, Kennedy. About the same ?
Mr. Whitley. They were on a percentage basis, and they did not
have any guaranteed salary, and at that time their percentage was run-
ning away over the amount of what the union drivers were making.
As a matter of fact, during the contract that I had for hauling chil-
dren, they were making more than the union cab company was making.
Mr. Kennedy. Actually they were making more ?
Mr. Whitley. Yes ; during the time that they worked.
Mr. IvENNEDY. You had some difficulty with certain of the drivers
that the teamsters provided you ?
Mr. Whitley. Yes, sir.
Mr. Kennedy. After you signed up with them ?
Mr. Whitley. Yes.
Mr. Kennedy. Just tell us briefly what the problems were and the
difficulties.
Mr. Whitley. Well, we have certain points in Nashville that I
operate just outside the city of Nashville, in the suburbs, and we have
certain ^^oints in Nashville where the passengers more or less call
from, and we sort of have a zone period. So I told some of the drivers
to hold it there at a certain point. Maybe it would be a couple of
hours from the office there to give these people the service, and have a
cab sitting aroinid on the corner, and I would send them out there,
and the next thing I would know they would be walking into the office.
So I asked them, and I said, 'T thought I told you to hold it up on a
certain corner," on these points, which was 2 or 3 miles from the office.
They said they did not want to do it and they wanted to come to the
office, there was nothing going on down there, and they wanted to be
where everybody was.
Mr. Kennedy. You had that problem, and did you also have a prob-
lem of gambling and drinking on the job ?
Mr. Whitley. Yes ; when I would leave the office maybe to go eat,
I would come back and they would be playing cards and playing
poker. I requested them 2 or 3 times to stop and so one afternoon I
went in and I told them, "I have asked you 2 or 3 times and I have
asked you 4 times, and the next time I come in and catch you gambling,
I am going to fire the lot of you." So they said, "Well, it is 4 of us and
1 of you. You prove it."
The Chairman. What is that?
Mr. Whitley. There were 4 of them and 1 of me, for me to prove it,
that they were gambling.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7279
Mr. Kennedy. These were your employees ; is that right ?
Mr. Whitley. Yes, sir.
Mr, Kennedy. So they were disobeying ordere, and they were
gambling. And then did yon catch some of these same people, this
group, and were they drinking also ?
Mr. Whitley. Yes, sir ; they would go down and some of the insti-
gators would go down to the joint at night and call me on the phone,
and drinking and carrying on, and I could hear the telephone what
was going on.
Mr. Kennedy. What would they say to you on the telephone ?
Mr. Whitley. They would curse me out, and tell me I didn't know
anything about operating a cab business, and why didn't I get out
and let them have it.
Mr. Kennedy. So you decided to fire them ?
Mr. Whitley. Yes, sir.
The Chairman. They were trying to run you out of business and
take over your business ?
Mr. Whitley. Yes, sir.
The Chairman. That was after you had signed a union contract?
]\Ir. Whitley. Yes, sir ; they told me to get out and let them run the
cab company there.
The Chairman. You were trying to get along w^itli them, and you
signed a contract under coercion, and threats, and you could not
operate it unless you did sign it ?
Mr. Whitley. That is right.
The Chairman. Then when you got them in there, they wanted to
take charge?
Mr. Whitt.ey. That is right. They would drive out there in the
car and drink beer in front of the office and throw their cans and
bottles on the sidewalk there, on the company premises.
The Chairman. Just to show you that they could do it and get by
with it, is that right ?
Mr. Whitley. One of them, the instigator was the head, he was
the main leader of the bunch, and I fired him. The next morning he
came to work so he went to the union hall, and he got the business
agent, and he came out to my place and asked me why I fired him, and
I said for interfering with the company management. So he laughed
about it and he said, well, that wasn't any reason to fire the man, and
he was a good union member, and I would have to put him back to
work. So I told him I could not see it. So he said, "Well, we will
just walk out on strike again."
Mr. Kennedy. He wanted you to put him back to work and pay him
the day's salary that he missed, and you refused to do that?
Mr. Whitley. Yes, sir.
Mr. Kennedy. So they said they are going to walk out.
Mr. Whitley. Yes, sir.
Mr. Kennedy, And they walked out and established a picket line ?
Mr. Whitley. Yes, sir.
Mr. Kennedy. Then a few days passed and did you give them over
the weekend to come back to work or otherwise you told them you
were going to get some new drivers ?
Mr. Whitley, That happened on Thursday. On Saturday I told
them, "Well, all of you have a job here, but this one particular fellow."
7280 IMPROPER ACTIVITIES IN^ THE LABOR FIELD
So I said, "I will give you until Monday to come back on the job or
I will hire a whole new crew." So they didn't come back on Monday,
and that is what I did.
Mr. Kennedy. You hired a brandnew crew ?
Mr. Whitley. That is right.
Mr. Kennedy. Did you have any acts of violence follow when you
put on these new drivers ?
Mr. Whitley. Yes, sir, some of the drivers were threatened, and
I was threatened, and they told me that it was dangerous for me to
be on the streets, and it was going to get dark after a while. They
went up behind the cars when we were hauling passengers and they
put on brakes and tried to scare the people from riding.
Mr. Kennedy. They would come up and bump your cabs in other
cars, is that right ?
Mr. Whitley. Yes, sir.
Mr. Kennedy. They would go in front of your cars and then stop
their car suddenly to scare the passengers?
Mr. Whitley. Yes, sir.
Mr. Kennedy. They threw a brick tlii'ough the window of your
cab on one occasion ?
Mr. Whitley. They thro wed a brick at the cab and hit the fender
of the cab.
Mr. KIennedy. Did they break any of the windshields of your
cabs ?
Mr. Whitley. Wliile the cabs were there at night, I had them
parked in front of the office, where I could kind of watch them and
see what happened to them.
Mr. Kennedy. Was there anybody in the cabs, or did any of the
city officials know what they were doing in the harrassment of your
cabs?
Mr. Whitley. Yes. "Whenever anything happened, we would call
the police, and of course they would come and talk to the driver.
Mr. Kennedy. Wliat about Mr. Eeed ? Did you ever bring this to
the attention of Mr. Eeed ?
Mr. Whitley. Yes ; and, as a matter of fact, Mr. Reed was riding
around with the union officials.
Mr. Kennedy. He was riding around with the union officials at the
time this was going on ?
Mr. Whitley. Yes, sir.
Mr. Kennedy. He is the city cab inspector ?
Mr. Whitley. Yes, sir.
Mr. Kennedy. He was riding around while these union officials
were harrassing your cab, is that right ?
Mr. Whitley. That is right.
Senator McNamara. At that point, can you tell me how this city
cab inspector got his job? Was it by competitive examination or was
he appointed by the chief officer or what?
Mr. Whitley. I don't know how he got the job? The way I un-
derstand it, it is an appointed job.
Senator McNamara. Was he formerly a policeman, or a member of
the force ?
Mr. Whitley. No, he was a Yellow Cab driver, which was a union
company.
IMPROPER ACTIVITIES IK THE LABOR FIELD 7281
Senator McNamara. They took him off the cabs and made him the
inspector ?
Mr. Whitley, Made him the inspector, yes.
Senator McNamara, You think by appointment and not by com-
petitive examination.
Mr, Whitley, That is right.
Senator McNamara. That is all,
Mr, Whitley. His next-door neighbor where he lives is Don Vestal.
Senator Curtis. These union cabdrivers that you had trouble with,
after you signed up with the union, were they the same drivers that
worked for you before you were unionized ?
Mr. Whitley. Yes, sir.
Senator Curtis. The same individuals ?
Mr, Whitley, Yes, sir.
Senator Curtis. You had no trouble with them before they belonged
to the union ?
Mr, Whitley. No, sir, no trouble at all. As a matter of fact about
half of them did not want to join anyway.
Senator Curtis, Well, was someone promoting them to have trouble
with them ?
Mr, Whitley. I had one driver there who was instigating and they
wanted me to put him back and after the representatives from the
union came to talk to me they said if I didn't I would have trouble.
Senator Curtis, How do you explain their change in conduct ? You
got along with them before they were in the union and they were
troublemakers afterward,
Mr, Whitley. Well, there was one that was instigating the deal, and
he had a couple of buddies there that teamed along with him and
they wanted to cause trouble, although I never had any trouble with
them before. But they were drinking and they would go down to the
place and get drinking together and that is when they got smart-alecky.
Senator Curtis, And one of the reasons you went back into business
was to take care of these seventy-some crippled children ?
Mr, Whitley, 73 children, handicaped children, yes.
Senator Curtis. You hauled them from their homes to school ?
Mr. Whitley. Yes, and as a matter of fact there were several palsied
pupils, and sightless children and deaf children, and you had to go to
the door and pick them up and with some of them carry them into
cabs and carry them into schools, and carry them back into the house
in the evening.
Senator Curtis, Are you in the taxicab business now ?
Mr, Whitley, Yes, sir.
Senator Curtis. Are you still taking care of the crippled children ?
Mr, Whitley, No, sir,
Mr, Kennedy, Now, were any of your drivers shot at ?
Mr, Whitney, Yes, during the strike there, one of the drivers
picked up a fellow in the city and was driving him toward the yards,
the railroad yards in Nashville, south of Nashville, and as he passed
the fairgrounds there, a bullet hit the windshield of the cab,
Mr, Kennedy, Hit the windshield of what ?
Mr. Whitley. Of the cab, of the taxicab.
Mr. KJENNEDY. Was anybody hit by the glass ?
7282 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Whitley. The glass fell down and cut the passenger's hand
where he sat on the front side with the driver,
Mr. Kennedy. Did you find your cabs were having difficulty getting
passengers when some of these things were going on ?
Mr. Whitley. Well, this fellow here, I heard the cab stop by the
office and so I apologized for the incident and I said, "Well, we are
going to try to keep on operating and we appreciate the business."
"Well," he said, "As long as you boys have got guts enough to drive
them, I have got guts enough to ride in them."
Mr. Kennedy. Were any of your drivers beat«n ?
Mr. Whitley. Yes, I had a driver that was beaten with a motor-
cycle chain.
Mr. Kennedy. Did you report these incidents to the police ?
Mr. Whitley. Yes, sir, all of the instances that happened. Of
course, outside the city there, I reported them to the sheriff.
Mr. Kennedy. And did they come down and try to help you?
Mr. Whitley. They would come immediately to begin with, for
the first week or two, when we called them, and sometimes it would
be an hour or two before they would come.
Mr. Kennedy, In the beginning they were coming very quickly, but
later they began to come later or be more tardy on arrival, is that
right?
Mr. Whitley. That is right.
Mr. Kennedy. An hour or two hours later ?
Mr. Whitley. Yes, sir,
INIr. Kennedy, After you reported the incident.
Mr, Whitley. I would have to call 4 or 5 times.
Mr, Kennedy. Did they say anything after you made these re-
quests for them to come down ?
Mr. Whitley. Well, they would come there and they would look
the situation over and, of course, by the time they got there every-
thing was quieting down and the pickets and the group that gathered
there were quiet.
When people walked up to the office for a taxicab from the busline
or would go down the street at night, there are no street lights out
there at night and they didn't holler at the people like they had
been.
Mr. Kennedy. Did any one of the police officers say anything to you
about wliat their attitude was toward this matter ?
Mr. Whitley. Well, there was one there that came there to the
office. He asked me why didn't I go ahead and shut down and quit
bothering him.
Mr. Kennedy. Why didn't you go and shut down and quit bother-
ing them ? That was a representative of the police department ?
]\Ir. W111TI.EY. Yes, sir.
Mr. Kennedy. That was a corporal, was it? What was his posi-
tion?
Mr. Whitley, I am not sure, A corporal or sergeant, one or the
otlier. I don't know what his rank was at the time,
Mr, Kennedy. Did you know his name at the time ?
Mr. Whitley, I asked one later and I didn't know his name but I
asked one later Avhat his name was and he told me that the patrolman
there or sergeant was named Dave "Wliite,
IMPROPER ACTIVITIES IN THE LABOR FIELD 7283
Mr. Kennedy. Did you ever bring any specific charges against any
of the union piclvets or union officials '^
Mr. Whitley. Yes; some of the pickets I did, when they would
harass some of the drivers and throw bricks at them and things like
that.
Mr. Kennedy. You brought charges against them ?
Mr. Whitley. Yes, sir; and so I told them I would stand behind
theuL
Mr. Kennedy. Did you pursue that or did you follow up the
charges ?
Mr. Whitley. Well, no. By the time it was to come up in court, I
had an attorney who was a friend of mine, who was acting on my
behalf and not full representation, but I was getting a little guidance
from him, and so he was supposed to represent me during the time.
Mr. Kennedy. During this period of time, when you brought the
cliarges against these union personnel, did they bring some charges
against you or your wife ^
Mr. Whitley. They brought charges against my wife.
Mr. Kennedy. Would you tell that, Mrs. Whitley, what happened
there I
Mrs. Whitley. One of the drivers had me arrested for what I think
it was a warrant signed by
Mr. Kennedy. Would you start over again ?
Mrs. Whitley. One of the union pickets that had been elected
union steward had me arrested on a warrant for assault.
Mr. Kennedy. For assault ?
Mrs. Whitley. Yes, sir; and I don't remember just what the war-
rant or the exact charge was.
Mr. Kennedy. Was it in connection with carrying a gun ?
Mrs. Whitley. Well, it was assault with intent, I believe.
The Chairman. Assault with intent to kill ?
Mrs. Whitley. Actually, I don't know what it was, and I know
they came out and arrested me.
Mr. Kennedy. The police came out and arrested you ?
Mrs. Whitley. Yes, sir.
Mr. Kennedy. Did you ever have a gun ?
Mrs. Whitley. No, sir.
Mr. Kennedy. Did you ever assault a cabdriver ?
Mrs. Whitley. No, sir.
Mr. Kennedy. You never pointed a gun at them ?
Mrs. Whitley. No.
Mr. Kennedy. You never hit a cabdriver ?
IMrs. Whitley. No, sir.
Senator Curtis. What happened to the charges? Were you fined
or found guilty ?
IVIrs. Whitley. When they carried me up to the jail, our attorney
that ]\Ir. Whitley mentioned — we called our attorney and I was pa-
roled to liim and later he told me that the charges would be dropped
against me.
Mr. Kennedy. Did you understand from anybody that you in your
turn, or your husband on his turn, his side would have to perform
any act ?
7284 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mrs. Whitley. Word got to us that the reason I was arrested was
so that we would drop the charges against these pickets tliat we had
had arrested.
Mr. Kennedy. If you would drop the charges against the pickets
that were arrested, they in turn would drop the charges against you ?
Mrs. Whitley. Yes, sir.
Mr. Kennedy. Was that arranged and done ?
Mrs. Whitley. Yes, sir ; it was understood through one of the girl
friends and also through our attorney that they would definitely be
dropped.
Mr. Kennedy. So the charges were dropped on both sides ?
Mrs. Whitley. Yes, sir.
Mr. Kennedy. But the charge against you regarding this assault
was completely untrue ?
Mrs. Whitley. It was untrue but they had talked to my husband
and told him that they would make up a case and get plenty of wit-
nesses to frame me.
Mr. Kennedy. Did somebody tell you that ?
Mr. Whitley. They told Mrs. Whitley that they could make a case
out of it.
Mr. Kennedy. Who told you that, Mr. Whitley ?
Mr. Whitley. I believe it was Red Vaughn, the organizer at the
time there that this was going on. I told him I don't believe they
would make it stick because the drivers out here are prejudiced against
myself and my wife. And he said, "Well, we have got plenty of wit-
nesses over at the union hall that will stand behind us and we will
make it stick."
Mr. Kennedy. He said he could come up with plenty of witnesses
to make the charge stick against your wife ?
Mr. Whitley. Yes. He said he had plenty of witnesses over there
at the union hall. He kept repeating it and said we will have our
day in court. Our day will come when we go to court.
Mr, Kennedy. You are still operating ?
Mr. Whitley. Yes, sir.
Mr. Kennedy. Did you bring those drivers back or how was the
dispute resolved ?
Mr. Whitley. I never hired any of those drivers again.
Mr. Kennedy. Did they continue the picket line ?
Mr. Whitley. They continued to picket for about 6 or 8 months
and during the time, well, they saw I was going to beat them at the
game and they kept telling me that Frank Reed, the taxicab inspector,
was going to take care of me and they would see he put me out of
business.
Mr. Kennedy. Did you have some trouble with the taxicab in-
spector ?
Mr. Whitley. I believe it was last summer or last summer a year
ago, Frank Reed has been harassing me all of the time and harassing
the drivers, and finally word got around through this and that to the
mayor that I am operating and under an injunction my city license
to operate the streets of Nashville had been revoked.
Mr. Kennedy. You were parking in the wrong place, is that rifflit,
your cabs were?
IlVIPRiOPEK ACTIVITIES IN THE LABOR FIELD 7285
Mr. Whitley. That is what they said.
Mr. Kennedy. Was that finally settled ?
Mr. AVhitley. No ; it has never been settled, and I don't know what
the outcome will be. As a matter of fact, I just think that it has
quieted down and I don't know why, but I haven't heard any more
about it.
It is not even slated to come up in court or anything, and what they
have done with the case, I don't know, but we don't have any license
but we still are operating on the city streets.
Mr. Kennedy. They do not press that at all, and they have not
pressed it against you ?
Mr. Whitley. They don't press it any more.
Mr. Kennedy. Do you have any explanation for that ?
Mr. Whitley. No ; I surely do not.
Mr. Kennedy. When did they stop being interested in the matter?
Mr. Whitley. Well, after my license was revoked, as a matter of
fact, everything was quieted down and they talked to the drivers a
couple of times and tried to get one of the drivers just for about
nothing, and that is all I ever heard from it, and what else could they
do ? They already have put me out of business but I am still operating.
Mr. Kennedy. Did you know if Mr. Reed kept his seniority during
this period of time in the teamsters union ?
Mr. Whitley. Here a while back, while they had depositions taken
on this case, he made the statement that he noticed in the past few
months that his seniority with the Yellow Cab Co., his name, had been
taken off tlie seniority list, and why, I don't know.
Mr. Kennedy. But he is still a member of the teamsters ?
Mr. Whitley. He is still a member of the teamsters.
Senator McNamara. How many cabs do you operate now ?
Mr. Whitley. Well, I operate 6 cabs now and as a matter of fact,
during this time here, I had to cut my fleet due to business and so they
revoked some more of my licenses, 3 more of the licenses. They re-
voked them all, and then three more and why, I don't know.
Senator McNamara. What licenses are you talking about ?
Mr. Whitley. The city license.
Senator McNamara. Is this a public- vehicle license ?
Mr. Whitley. A permit.
Senator McNamara. A public-vehicle permit ?
Mr. AViiiTLEY. To operate on the city streets ; yes.
Senator McNamara, A public-vehicle permit, and you have to get
that from tlie city hall ?
Mr. Whitley. Yes, sir.
Senator McNamara. When you were having all of this trouble, how
many cabs did you have ?
Mr. Whitley. Ten.
Senator McNamara. Thank you.
Mr. Kennedy. Have you been threatened at all regarding your
testimony ?
Mr. Whitley. Well, I was told to watch what I said here, that
everybody who testified here against them would be taken care of
sooner or later.
Mr. Kennedy. Who told you that ?
7286 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Whitley. A fellow just taking a cab and he got in the cab
the other night.
Mr. Kennedy. The other night ?
Mr. Whitley. Yes, sir, and it was Saturday and he said, "You
take me around the block," and he sat in the back seat and I was in
the Christmas traffic and I didn't look at him.
INlr. Kennedy. What did he say to you again ?
Mr. Whitley. He said that everybody that testified up here against
them would be taken care of sooner or later.
Mr. Kennedy. And you were told that regarding your testimony?
Mr. Whitley. Yes, sir ; that I should be careful.
Mr. Kennedy. What did he say ?
Mr. Whitley. That is exactly what he said.
Mr. Kennedy. That everybody would be taken care of sooner or
later?
Mr. Whitley. That is right.
The Chairman. Where did that conversation take place ?
Mr. Whitley. Downtown.
The Chairman. Downtown in Nashville ?
Mr. Whitley. In Nashville ; yes.
The Chairman. Do you know who it was ?
Mr. Whitley. I never saw the man before and, as a matter of fact,
it was dark and I was watching the traffic and so I said, "Thank you."
The Chairman. You were in a cab ?
Mr. Whitley. Yes, sir. During the rush periods of time I drive
some ; very, very little.
The Chairman. You were driving the cab ?
Mr. Whitley. Yes, sir.
The Chairman. And you picked up this passenger ?
Mr. Whitley. Yes, sir, I had stopped there and he got in the back
seat and I drove around. He said "Take me around the block." That
is what he said.
The Chairman. He got in your cab and had you take him just
around the block ?
Mr. Whitley. Yes, sir ; just around the block.
The Chairman. And he gave you that warning in the course of the
drive around the block ?
Mr. Whitley. Yes, sir.
The Chairman. Are you kind of frightened about it ?
Mr. Whitley. No, sir.
The Chairman. You couldn't give us his name ; could you ?
Mr. Whitley. No, sir ; I never saw the man before.
The Chairman. Are there any further questions ?
Mr. Kennedy. No, sir.
The Chairman. Senator Curtis, have you any questions ?
Senator Curtis. No, Mr. Chairman.
The Chairman. Thank you very much. You may stand aside.
At this point the Chair will place in the record 2 affidavits, 1 from
Paul AV. Dinkins, and another from Belle Johnson. These relate to
the trouble that has been had. I don't think there is a need to read
them. They may be printed in the record at this point.
( The affidavit of Belle Johnson follows :)
IMPROPER ACTIVITIES EST THE LABOR FIELD 7287
Affidavit
I, Belle Johnson, who reside at 1018 Eighth Avenue S., Nashville, Tenn.,
freely and voluntarily make the following statement to Lavern J. Duffy, who
has identified himself to me as a member of the staff of the United States Senate
Select Committee on Improper Activities in the Labor-Management Field. No
threat, force, or duress has been used to induce me to make this statement, nor
have I received any promise of immunity from any consequences which may
result from submission of this statement to the aforementioned Senate select
committee.
During the year 1955 I was working as an employee at Mike's Tap Room,
located at Fourth Avenue S., in Nashville, Tenn. On or about January 8, 1955,
in the early evening a party unknown to me called a taxi from Mike's Tap Room.
Shortly after the cab arrived, I was attracted to the front of the building by
someone swearing and cursing. I looked out the door ; I saw \V. A. Smith, of
the teamsters union, standing by a taxicab, cursing the driver and attempting
to jerk open the cab door to get at the driver. Suddenly the driver drove the
cab away. W. A. Smith, known as Smitty to me, came into the bar and pur-
chased a bottle of Coca-Cola and took it outside with him. Shortly thereafter, I
heard a noise from the front of the building and someone yelled out, "Smith
broke the window of the cab." I made the comment, "I hope no one is hurt."
I again looked out the door and Smith was standing on the sidewalk near the
curb. The taxicab was by this time some distance up the street. Smith then
came back into Mike's Tap Room and I said, "You should not have cursed the
driver and broke the window." He answered, "That is what he gets for being a
scab driver, and that is what I get for calling a scab driver."
I have read the foregoing statement, and to the best of my knowledge it is
true and correct.
(s) Belle Johnson.
Witnesses :
LaVern J. Duffy.
James R. McShane.
Sworn to and subscribed before me this 3d day of July 1957.
[seal] (s) Nettie F.Kinsey, Notary Public.
My commission expires November 27, 1960.
(The affidavit of Paul W. Dinkins follows :)
Affidavit
I, Paul W. Dinkins, who resides at 2700 Hartford Drive, Nashville, Tenn., and
currently employed at the Tennessee Tufting Co., in Nashville, Tenn., freely
and voluntarily make the following statement to LaVern J. Duffy, who has
identified himself to me as a member of the staff of the United States Senate
Select Committee on Improper Activities in the Labor-Management Field. No
threat, force, or duress has been used to induce me to make this statement, nor
have I received any promise of iumiunity from any consequences which may
result from submission of this statement to the aforementioned Senate select
committee.
During the year 1955, I was working as a driver for the Woodbine Cab Co., in
Nashville, Tenn. On or about January 8, 1955, in the early evening I answered
a call from Mike's Tap Room, located at Fourth Avenue S., Nashville, Tenn.
As I drove up in front of the taproom 2 or 3 men whom I had never seen before
were standing on the curb. One of the men was cursing and trying to jerk open
the door of the cab. When this happened, I pulled away from the curb, drove
up the street a short distance and then backed up, hoping still to find a customer.
As I remained in the middle of the street, I saw one of the men throw a Coke
bottle at my cab which broke my window. As the man drew back to throw the
bottle, I detected a hearing aid in his left front shirt pocket. After this hap-
pened, I quickly drove away.
I have examined a picture of W. A. Smith, of the teamsters union, and after
examining the picture closely I am reasonably sure he was the man who threw
the Coke bottle and broke the window of my cab.
cn330_58— pt. 18- Ifi
7288 IMPROPER ACTIVITIES TN THE LABOR FIELD
I have read the foregoing statement, and ot the best of my knowledge it is
true and correct.
( Signed) Paul Dinkins.
Witnesses :
Lucy C. Terrell.
LaVern J. Duffy.
Sworn to and subscribed before me this 5th day of July 1957.
( Signed) Nettie F. Kinsey, Notary Public.
My commission expires November 27, 1960.
The Chairman. Mr. Duffy, you have been previously sworn ?
Mr. DuFFT. Yes, sir.
TESTIMONY OP LaVERN J. DUFFY— Eesumed
The Chairman. Have you examined the minutes of a meeting of the
executive board meeting of the Teamsters Union, Local 327, at Nash-
ville, the minutes of their meeting of November 19, 1955 ?
Mr. Duffy. Yes, sir.
The Chairman. You have a photostatic copy of those minutes ; do
you?
Mr. Duffy. Yes, sir.
The Chairman. Is this the photostatic copy that you have of the
minutes of the meeting of that local at that time ?
Mr. Duffy. It is, Mr. Chairman.
The Chairman. These minutes, the copy of the minutes may be made
exhibit No. 17.
(The document referred to was marked "Exhibit No. 17" for refer-
ence and may be found in the files of the select committee.)
The Chairman. I will read from the minutes of that meeting :
Harold Dies made the motion to give Frank Reed $250 for a Christmas present,
who is city cab inspector, and also $50 for Dawson, who is the colored cab
inspector, who have both helped labor in Nashville. Seconded by Bill Richardson.
Carried 100 percent.
Mr. Kennedy. Mr. Earl Dicicco, Mr. Chairman.
The Chairman. Come forward, Mr. Dicicco.
You do solemnly swear taht the evidence you shall give before this
Senate select committee will be the truth, the whole truth, and nothing
but the truth, so help you God ?
Mr. Dicicco. I do.
TESTIMONY OF EARL P. DICICCO
The Chairman. State your name, your place of residence and your
business or occupation.
Mr. Dicicco. Earl P. Dicicco, 124 High Street, Foxboro, with the
General Tire Co.
The Chairman. Where do you live ?
Mr. Dicicco. Foxboro, Mass.
The Chairman. You are with whom ?
Mr. Dicicco. The General Tire Co.
The Chairman. What is your position with them ?
Mr. Dicicco. Manager of their service station.
The Chairman. Manager of their filling station ?
Mr. Dicicco. Yes, sir.
DvIPROPER ACTIVITIES IN THE LABOR FIELD 7289
The Chairman. You waive the right of counsel, do you ?
Mr. Dicicco. Yes, sir.
The Chairman. All right, Mr. Kennedy, you may proceed.
Mr. Kennedy. Mr. Dicicco, you came from Natick, Mass., origi-
nally?
Mr. Dicicco. Yes, sir.
Mr. Kennedy. And then you were in the Army ?
Mr. Dicicco. Yes, sir.
Mr. Kennedy. And married a girl f rrom Nashville, Tenn. ?
Mr. Dicicco. Yes, sir.
Mr. Kennedy. So you went down there to work after you got out
of the Army ?
Mr. Dicicco. Yes, sir.
Mr. Kennedy. And you were employed down there in the Whitley
Cab Co.?
Mr. Dicicco. Yes, sir.
Mr. Kennedy. During the time that the Whitley Cab Co. was on
strike, you continued to drive ?
Mr. Dicicco. Right, sir.
Mr. Kennedy. Were there any acts of violence against you while
you were driving the cab for the Whitley Cab Co. ?
Mr. Dicicco. Yes, sir.
Mr. Kennedy. Would you tell the committee what happened ?
Mr. Dicicco. One night it was between 10 and 11 o'clock, at night,
I picked up these two passengers at this beer room, and they said
they wanted to go to this housing project.
The Chairman. This what ?
Mr. Dicicco. This housing project.
I stopi^ed the cab in fi^ont of the housing project to let them out.
One of them hit me across the head with a motorcycle chain, and the
other one had a beer bottle, bouncing that ofi' my head.
Mr. Kennedy. One of them hit you with a beer bottle and the other
one hit you with a motorcycle chain ?
Mr. Dicicco. Yes, sir.
Mr. Kennedy. Wrapped it around your head ?
Mr. Dicicco. Yes, sir ; from the ear around to the mouth.
Mr. Kennedy. Did it knock you out ?
Mr. Dicicco. No, sir,
Mr. Kennedy. What did you .do ? Did you hide in the bottom of
the cab ?
Mr. Dicicco. No, sir. I got out and went to open up the back door
to jump on them. They jumped out of the cab.
jNIr. Kennedy. You got out of your cab and w^ent in the back door
to go after them ?
Mr. Dicicco. Yes, sir.
Mr. Kennedy. They jumped out of the other door ?
Mr. Dicicco. They jumped out the other door, and one of them ran
up the street. At this point there was a road bearing off to the right.
One of them ran straight and one ran up the road going to tlie right
and jumped in this automobile. I took off after the automobile.
Mr. Kennedy. You got back in your cab ?
Mr. Dicicco. Yes, sir. I got back in my cab and drove the auto-
mobile around the corner to chase this automobile tliat picked up one
7290 IMPROPER ACTIVITIES IN THE^ LABOR FIELD
of the fellows. When he went around the further corner, there was a
patrol car coming and he almost hit him, and the patrol car was
turning around in the middle of the street to chase the vehicle, and I
had to stop before I hit the patrol car and then he chased him for a
little way. He lost him. Then they sent a patrol car and we searched
the area but we couldn't find the other man.
Mr. Kennedy. Did you recognize either one of your assailants?
Mr. Dicicco. No, sir.
Mr. Kennedy. Did you recognize the car ?
Mr. Dicicco. I recognized the automobile ; yes, sir.
Mr. Kennedy. You recognized the automobile ?
Mr. Dicicco. Yes, sir.
Mr. Kennedy. Whose automobile was it?
Mr. Dicicco. As far as I know, it belongs to Red Vaughn.
Mr. Kennedy. AVhat is his position ?
Mr. Dicicco. Business representative, I believe it was, for the
teamsters.
Mr. Kennedy. He was the business agent for 327 of the teamsters ?
Mr. Dicicco. Right.
Mr. Kennedy. And the man that hit you got into that car and drove
away?
Mr. Dicicco. That is right.
Mr. Kennedy. Did you turn that information over to the police?
Mr. Dicicco. No, sir. They were already up there. I told them
about it, but I don't know if they put it on their log or not.
ISIr. Kennedy. Did you tell them whose car it was ?
Mr. Dicicco. No, sir.
Mr. Kennedy. You told them what had happened to you ?
Mr. Dicicco. Right, sir.
Mr. Kennedy. Why didn't you tell them whose car it was when you
recognized it ?
Mr. Dicicco. Why didn't I? I was afraid there would be more
trouble.
Mr. Kennedy. You didn't want to get into any more difficulty ?
Mr. Dicicco. No, sir.
Mr. Kennedy. Can you explain that ?
Mr. Dicicco. Yes, sir. I have a wife and children and I don't want
to get involved in it no more than I had to.
Mr. Kennedy. Had there been quite a bit of trouble and difficulties
in Nashville, Tenn.?
Mr. Dicicco. Yes, sir. In the paper there had been some dynamiting
of some equipment, and putting sugar in the gas tanks, and all that
sort.
Mr. Kennedy. And you didn't want to get involved ?
Mr. Dicicco. I didn't want it no more.
The Chairman. How long did you continue to drive after that?
Mr. Dicicco. Well, I was out about a week and I went back and
I drove about another month.
Tlie Chairman. You were out about a week ? Wliy?
Mr. Dicicco. I had to go to the doctor, sir. I had a head injury.
Tlie Chairman. You had what ?
Mr. Dicicco. A head injury.
The Chairman. A head injury ?
Mr. Dicicco. Right.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7291
The Chairman. What was that from, the chain or the bottle?
Mr. Dicicco. The chain, sir.
The Chairman. The chain ?
Mr. Dicicco. Yes, sir.
Tlie Chairman. Why were you pursuing the car if you did not
intend to do anything about it ?
Mr. Dicicco. At the time I would have, sir. If somebody beat you
over the head with a cliain, you would go after them.
The Chairman. I might go the other way.
Mr. Dicicco. Yes, sir; but afterward you might go the other way,
after you cool down. But at the time I would go after them.
The Chairman. At the time you would go after them ?
Mr. Dicicco. Eight, sir.
The Chairman. And you went after them ?
Mr. Dicicco. Yes, sir.
The Chairman. I can't understand, then, why if you knew who did
it, or knew the car, you didn't turn it over to the officers to do some-
thing about it.
Mr. Dicicco. I don't think it would do much good down there,
sir.
The Chairman. You thought it would be useless ?
Mr. Dicicco. Yes, sir.
The Chairman. They don't enforce the law down there very much?
Mr. Dicicco. Yes, sir ; they enforce the law but in my own opinion
I don't think they enforce it enough.
The Chairman. They don't enforce it enough ?
Mr. Dicicco. Yes, sir. Just to certain people.
The Chairman. What certain people do they not enforce it against?
Mr. Dicicco. The people they don't want to, sir.
The Chairman. Who are they ?
Mr. Dicicco. Just the people they don't want
The Chairman. I know.
Mr. Dicicco. Yes, sir.
The Chairman. You and I are both thinking the same thing. You
saw it.
Mr. Dicicco. That is right, sir.
The Chairman. Are you afraid to tell ?
Mr. Dicicco. It's healthier if you don't.
The Chairman. It is more healthy if you don't tell ?
Mr. Dicicco. Yes, sir.
The Chairman. You don't want another beating, do you?
Mr. Dicicco. No, sir.
The Chairman. Do you live in Nashville now ?
Mr. Dicicco. No, sir. I am from Massachusetts.
The Chairman. Do you think they could reach you up that far and
get you ?
Mr. Dicicco. They might, sir.
The Chairman. They might. In other words, you just don't want
any more trouble ?
Mr. Dicicco. Right, sir.
The Chairman. Are there any other questions ?
If not, thank you very much.
Call the next witness.
7292 IMPROPER ACTIVITIES EST THE> LABOR FIELD
Mr. Kennedy. Mr. Kenneth Whitley.
The Chairman. Mr.Wliitley?
You do solemnly swear the evidence yon shall give before this
Senate select committee will be the truth, the whole truth, and nothing
but the truth, so help you God ?
Mr. Whitley. I do.
TESTIMONY OP KENNETH M. WHITLEY
The Chairman. State your name, your place of residence, and your
business or occupation.
Mr. Whitley. Kenneth M. Wliitley, 1610 Martin Street. I work
for the United States engineers in Nashville, Tenn.
The Chairman. You work for the United States engineers ?
Mr. Whitley. Yes, sir.
The Chairman. You waive the right of counsel ?
Mr. Whitley. I do.
The Chairman. Proceed, Mr. Kennedy.
Mr. Kennedy. In December of 1954 you were a draftsman for the
city planning commission in Nashville, Tenn. ?
Mr. Whitley. That is right.
Mr. Kennedy. And at that time your brother, as I understand it,
the cab company was on strike or having difficulties; is that right?
Mr. Whitley. That is right.
Mr. Kennedy. The earlier witness was your brother ?
Mr, Whitley. That is right.
Mr. Kennedy. At the end of 1954, December of 1954, you were out
on the job for the city planning commission ?
Mr. Whitley. That is right.
Mr. Kennedy. At that time did you have some conversations with
certain teamster officials ?
Mr. Whitley. Well, I was taking pictures of the building next door
to the teamsters building for the city, and Ked Vaughn came running
out of there.
Mr. Kennedy. He is the business agent of local 327 ?
Mr. Whitley. He ran out of the door and wouldn't let me take
the pictures.
Mr. Kennedy. He wouldn't let you take the pictures ?
Mr. Whitley. That is right. He thought I was taking pictures of
the teamsters for my brother. I told him it had nothing to do with
the Woodbine Cab Co. or with the teamsters; that I was there on
official business from where I worked. He stood in front of me to
try to keep me from taking pictures.
Perry Canaday ran out of the business a little after Eed Vaughn,
and he came over and asked Red Vaughn if I worked for Woodbine
Cab Co. Vaughn told him "Yes. He is his brother." And Cannady
hit me.
Mr. Kennedy. He hit you ?
Mr. Whitley. That is right.
Mr. Kennedy. Where did he hit you ?
Mr. Whitley. He hit me in the nose ; in the face.
Mr. Kennedy. Did it break your nose ?
LMPBOPER ACTIVITIES IN THE LABOR FIELD 7293
Mr. Whitley. It knocked it out of place. It stayed out of place
for about 5 days. It was the cartilage in my nose.
Mr. Kennedy. Did lie hit you a number of times ?
Mr. Whitley. No; just one time. After that he ran back into the
building.
Mr. Kennedy. Were there a number of witnesses ?
Mr. Whitley. The boss was across the street.
Mr. Kennedy. Your boss ?
Mr. Whitley. Yes.
Mr. I^NNEDY. "Wliat was his name ?
Mr. Whitley. Jimmy Sharp and Bob House. He also worked at
the office.
Mr. Kennedy. What was the other man's name ?
Mr. Whitley. Bob House.
Mr. Kennedy. What was his position in the planning commission ?
Mr. Whitley. He worked at the desk for anyone who wanted to get
a building permit. He filled it out for them. He was also out looking
the place over where the violation was.
Mr. Kennedy. So these 2 people, these 2 individuals, saw this assault,
saw Canaday strike you. Did you decide to swear out a warrant for
his arrest?
Mr. Whitley. Yes ; right after he hit me two city detectives drive
around the corner. After we told them what was going on, they asked
me if I wanted to swear out a warrant, and I told them I did. We went
back to the courthouse and swore out a warrant.
Mr. Kennedy. Did you discuss it with the city attorney ?
Mr. Whitley. After we swore out the warrant we went in and talked
to the city attorney, Mr. Jencks.
Mr. Kennedy. Eobert H. Jencks, Jr. ?
Mr. Whitley. I don't know his other name.
Mr. Kennedy. The city attorney ?
Mr. Whitley. That is right.
Mr. Kennedy. Wliat did he advise ?
Mr. Whitley. Well, he thought I should go ahead and prosecute.
Mr. Kennedy. He thought you had a strong case ?
Mr. Whitley. That is right. He thought that the city ought to
stand behind their employees.
Mr. Kennedy. So you decided to go ahead ?
Mr. Whitley. That is right.
Mr. Kennedy. Did the case then come up in the court ?
Mr. Whitley. It was postponed a couple of times. After I got
back upstairs that same time, I asked the boss about it, and he seemed
to think I should go ahead and prosecute.
Mr. Kennedy. Wliat was the boss' name ?
Mr. Whitley. Mr. Pitts.
Mr. Kennedy. He suggested you go ahead ?
Mr. Whitley. That is right.
Mr. Ivennedy. So you cleared it through all channels and everybody
thought it was a good idea to go ahead and prosecute Mr. Canaday ?
Mr. Whitley. Yes. Even Mr. Pitts' boss, I think his name is
Hawkins, I think he is his boss, they had a meeting and called me in
about a week or 4 or 5 days after it happened, and we were discussing
it over. They thought it was all right for me to go ahead. But they
7294 IMPROPER ACTIVITIEiS IN" THE LABOR FIELD
did say, I think it was Hawkins, that the union was trying to get me
fired, or get my job, at that time.
Mr, Kennedy. It was explained to you right then that the union
wanted to get you fired ?
Mr. Whitley. That is right.
Mr. Kennedy. But you decided to go ahead because all of your
superiors were behind you ?
Mr. Whitley. That is right.
Mr. Kennedy. Did the case ever come to trial? Well, prior to the
date of it ultimately coming to trial, did you have any other conver-
sations with Mr. Jencks ?
Mr. Whitley. I did. He called me down to his office and w^as
talking to me about dropping the case. He said I could help the man
across the hall — and the only man across there was the mayor — if I
dropped it.
The Chairman. Did what?
Mr. Whitley. That I could help the man across the hall, if I
dropped the case.
The Chairman. Who was the man across the hall?
Mr. Whitley. Mayor West.
The Chairman. How would it help him if you dropped the case?
Mr. Whitley. Well, he said he had a lot of pressure on him.
Mr. Kennedy. So what did you say?
Mr. Whiti.ey. He said, ''Since you work for the city, you do want
to help them out," and I said, "Yes, I want to help them out, but I was
sort of thinking about my job, too, since the mayor got into it."
I told him I would drop it. He told me to call the mayor's office
up, after I got back upstairs to my office, and tell them what I was
going to do. So when I reached back upstairs, I talked to Mr. Sharp
and Bob House and told them what had happened, and Mr. Sharp
was sort of disgusted because the city didn't want to stand behind me.
I went in and talked to Mr. Pitts and asked him if they could get
my job if I went ahead and prosecuted, and he said they could, but he
didn't think they would.
Mr. Kennedy. So Mr. Sharp, your immediate superior, become dis-
gusted with the city for backing down on that and thought you should
go ahead and prosecute. But you were still worried about your job
so you went to Mr. Pitts, who was your top superior, the boss of the
office
Mr. Whitley. That is right.
Mr. Kennedy. And you asked him and he said they could take your
job, but he did not think they would; is that right?
Mr. Whitley. That is right.
Mr. Kennedy. So, did you decide to go ahead with it?
Mr. Whitley. Yes.
Mr, Kennedy. Mr. Jenks told you to call up the mayor's office and
tell them that you planned to drop the case?
Mr. Whitley. Yes.
Mr, Kennedy. Did you call the mayor's office?
Mr. Whitley. Yes. The secretary answered and I told her who I
was and that I was not going to drop the case against Perry Canaday.
She got excited and told me to come down to the mayor's office right
then, that he wanted to talk to me.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7295
I told her I would. That was quitting time. I w^ent back and
told Mr. Sharp and Bob House what happened. Mr. Sharp, he was
the assistant to Mr. Pitts, he said he was going to go down there with
me to see why the mayor wanted me to drop the case and would not
stand beside me. He and Bob House went to the mayor's office with me.
Mr. Kennedy. All three of you went there?
Mr. Whitley. Yes.
Mr. Kennedy. What happened them ?
Mr. Whitley. I Iniocked on the door and the secretary told me to
come in. I told her that I was there and wanted to see the mayor and
Mr. Sharp said he was also with me. She asked what he wanted and
Bob House, and they said they was with me and wanted to see what
was going to happen.
She said the mayor was in conference.
Mr. Kennedy. She had just told you that the mayor wanted to see
you immediately ?
Mr. Whitley. That is right.
Mr. Kennedy. But when you got there with these other gentlemen
she said he was in conference t
Mr. Whitley. That is right. We waited about 35 minutes for him
to get out of conference and he never did. Mr. Sharp said he had to go
home, that he had things to do, so we all three left. I knocked on the
door and said I had things to do, so we left.
I think it was the next da}'^ that the trial came up and I did
prosecute.
Mr. Kennedy. Was he found guilty ?
Mr. Whitley. Well, the judge said that he was going to do more,
but he had pressure on him and he couldn't. It was either $10 or $14
and court costs.
Mr. Kennedy. Ten or fifteen dollars fine ?
Mr. Whitley. That is right, plus court costs.
Mr. Kennedy. Plus court costs ?
Mr. Whitley. That is right.
Mr. Kennedy. That is all he got ?
Mr. Whitley. That is right.
The Chairman. The judge said he wanted to do more, but he had a
lot of pressure on him ?
Mr. Whitley. That is right.
The Chairman. Who is the judge?
Mr. Whitley. I don't know. The city jail was condemned, so I
had to take it out on a county warrant, even though it happened in
the city. I don't know who the judge was. After we left the court-
room, I said something to Mr. Sharp about it, but there wasn't any-
thing else said, even though it was more or less the talk that Mr. Jenks,
after we got before the judge, he did act like he was trying to do what
he could to get him fined or punished as much as he could, and they was
talking more or less about him.
Mr. Kennedy. About whom?
Mr. Whitley. About Mr. Jenks, how good of a job he did.
Mr. Kennedy. Mr. Jenks really prosecuted it very diligently, did
he not ?
Mr. Whitley. He did.
Mr. Kennedy. He tried very hard to get Mr. Canaday once he went
ahead w^ith the case ?
7296 IMPROPEK ACTIVrriEIS IN^ THE' LABOR FLEILD
Mr. Whitley. That is right, he did. It seemed like that to me, but
I don't know whether it was fixed before we went in there or not.
Mr. Kennedy. He was fomid guilty and the judge said in court he
would like to do more, but there was pressure on him ?
Mr. Whitley. That is right.
Mr. Kennedy. Did you continue with your job ?
Mr. Whitley. I did.
Mr. Kennedy. For how long ?
Mr. Whitley. I stayed there 31/2 months. Three months, then I
got fired.
Mr. Kennedy. You got fired ?
Mr. Whitley. That is right.
Mr. Kennedy. For what reason ?
Mr. Whitley. Well, he said he was going to abolish my job.
Mr. Kennedy. Who said that ?
Mr. Whitley. Mr. Pitts. He called me in his office one afternoon at
quitting time and told me they were going to abolish my job and get
somebody else who knew more about laying out subdivision, which was
n ot my j ob at that time.
Mr. Kennedy. He said he was going to get a man who knew a little
more about laying out subdivisions ?
Mr. Whitley. That is right.
Mr. Kennedy. And that was not your job ?
Mr. Whitley. That is right.
Mr. Kennedy. So you were fired ?
Mr. Whitley. That is right.
Mr. Kennedy. Did they get someone who knew more about laying
out subdivisions ?
Mr. Whitley. No, the boy they hired was one I told about coming
down there to try to get a job about a month or 6 weeks before they
fired me.
Mr. Kennedy. This was a friend of yours ?
Mr. Whitley. That is right. I went to school with him.
Mr. Kennedy. Did you have more experience or less experience than
he did?
Mr. Whitley. I had more experience than he did. He had been in
the Air Force for 4 years.
Mr. Kennedy. So you had 4 years more experience than he did ?
Mr. Whitley. No, I had three. I had been in the Army.
Mr. Kennedy. So you had more experience than he did ?
Mr. Whitley. That is right.
Mr. Kennedy. And he was hired ?
Mr. Whitley. That is right.
Mr. Kennedy. You were told they wanted somebody with more
experience ?
Mr. Whitley. That is right. I called him that night and told him
that they had fired me and he said he was surprised because they had
hired him that morning.
Mr. Kennedy. Did you ever protest it or question it ?
Mr. Whitley. No. I wasn't in the civil-service pool, so I couldn't
see about it.
Mr. Kennedy. That was the end of it ?
Mr. Whitley. Yes.
EMPROPEIR ACTIVITIES IN THE LABOR FIELD 7297
Mr. Kennedy. And you went out and found a new job ?
Mr. Whitley. Yes.
Mr. Kennedy. Did you have any idea why you were fired ?
Mr. Whitley. I never was told my work was bad. The only thing
I can think of is because I prosecuted Perry Canaday.
The Chairman. Are there any questions ?
What did you do to get the punch in the nose ? I did not quite catch
that.
Mr. Whitley. I didn't do anything. It was on account of my
brother, he owned the Woodbine Can Co.
The Chairman. And when they found out you were his brother, they
took a punch at you ?
Mr. Whitley. That is the way it seemed.
The Chairman. I thought there was some question about the pic-
tures that you were taking.
Mr. Whitley. I was taking pictures of the building next door to
the union hall. That was my job, to go out and take pictures. \Vlien
I got back into the office, I would draw up a sketch so it could be
flashed on the screen and when they had a meeting they could study
it over and talk about the violation, or if anyone wanted to build
anything, they would talk about it and see if they were to give them
a permit.
The Chairman. You were not taking a picture of the union
building ?
Mr. Whitley. I was not.
The Chairman. That was part of your job working for the city,
to go out and take these pictures ?
Mr. Whitley. Yes, sir.
The Chairman. And you were in the performance of your duty
for the city ?
Mr. Whitley. Yes, sir.
The Chairman. And in the course of the conversation with Can-
aday and Vaughn — was Vaughn there ?
Mr, Whitley. Yes, sir. He was the first one. He was the one
that wouldn't let me take the pictures. The only thing Canaday
did was hit me.
The Chairman. Canaday hit you after he found out you were the
brother of the taxicab owner ?
Mr. Whitley. That is right.
The Chairman. Did you hit back ?
Mr. Whitley. No, sir.
The Chairman. Were you able to ?
Mr. Whitley. Well, I was stunned. I was smaller than I am now.
The Chairman. Sir ?
Mr. Whitley. I was stunned, and I was a little bit smaller than
I am now. Canaday was a pretty good size.
The Chairman. You couldn't have done much if you hit back,
could you ?
Mr. Whitley. No, sir.
The Chairman. So you just had to take it ?
Mr. Whitley. That is right.
The Chairman. Are there any other questions ? If not, thank you
very much.
7298 IMPROPER ACTIVITIEB IN THE LABOR FIEILD
Mr. Kennedy. What was the name of the man they hired to re-
place you ?
Mr. Whitley. Billy Hatler.
Mr. Kennedy. And you have talked to him since, have you not?
Mr. Whitley. I have.
Mr. Kennedy. Is he doing about the same work that you were
doing while you were there ?
Mr. Whitley. He quit the city a month after he went there. I went
from the city after they fired me to the United States engineers. He
is now working for the United States engineers doing the same thing
that I am doing.
Mr. Kennedy. But while he was there, while he held your job, was
he doing the same thing you were doing ?
Mr. Whitley. That is right. He was doing the same thing.
The Chairman. All right ; thank you very much.
The Chair wishes to make a brief announcement.
In the course of the testimony we have been hearing, there has been
testimony that reflects in some degree upon the inefficiency or the in-
difference of some public officials to perform their duty in connection
with violence which has been established by the evidence.
The Chair does not wish, and I know this committee at no time
wishes to do anyone an injustice. This testimony does not come from
the committee. It comes from witnesses who testify under oath and
who, presumably, should know what they are talking about. So the
Chair wishes to remind everyone of the rules of the committee, that
anyone who feels offended, or if testimony has been given that might
reflect upon them, upon request to appear before the committee, that
request, I think, will be honored. We have always honored it when-
ever they requested it.
If such requests are made, the committee will try to honor the re-
quest and give them an opportunity to be heard.
The committee will stand in recess until 10 : 30 in the morning.
(Whereupon, at 4 p. m., the hearing in the above-entitled matter was
recessed, to reconvene at 10 : 30 a. m., of the following day.)
(Members present at the taking of the recess were Senators McClel-
lan, McNamara, and Curtis.)
INVESTIGATION OF IMPROPER ACTIVITIES IN THE
LABOR OR 3IANAGEMENT FIELD
TUESDAY, DECEMBEB 10, 1957
United States Senate,
Select Committee on Improper Activities
IN THE Labor or Management Field,
Washington, D. C.
The select committee convened at 10 : 30 a. m., pursuant to Senate
Resolution 74, agreed to January 30, 1957, in the caucus room Senate
Office Building, Senator John L. McClellan, (chairman of the select
committee) presiding.
Present, Senator John L. McClellan, Democrat, Arkansas ; Senator
Irving M. Ives, Republican, New York; Senator Pat McNamara,
Democrat, Michigan; Senator Carl T, Curtis, Republican, Nebraska.
Also present : Robert F. Kennedy, chief counsel ; LaVern J. Duffy,
investigator; James P. McSliane, Investigator; Ruth Y. Watt, chief
clerk.
The Chairman. The committee will be in order.
(Members of the committee present at the convening of the session:
Senators McClellan, Ives, McNamara, and Curtis.)
The Chairman. Call the first witness.
Mr. Kennedy. Mr. Shelton P. Keeling.
The Chairman. Do you solemnly swear that the evidence you
shall give before this Senate select committee shall be the truth, the
whole truth, and nothing but the truth, so help you God ?
Mr. Keeling. I do.
TESTIMONY OF SHELTON P. KEELING
The Chairman. State your name, your place of residence, and your
business or occupation.
Mr. Keeling. Shelton P. Keeling, 5915 Port View Circle, Chatta-
nooga, Tenn., and I am a mechanic for Avis Motorent.
The Chairman. Do you waive counsel ?
Mr. Keeling. Yes ; I do.
Mr. Kennedy. You are a mechanic for what company ?
Mr. Keeling. Avis Motorent.
Mr. Kennedy. How long have you been working in Chattanooga ?
Mr. Keeling. I have been in Chattanooga since August of 1955.
Mr. Kennedy. Prior to that were you located in Nashville, Tenn. ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. For Motorent Co., in Nashville, Tenn. ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. Now, in January of 1954, were the teamsters at-
tempting to organize your company ?
7299
7300 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. KJEELiNG. They were organized.
Mr. Kennedy. In the midst of an organization drive ?
Mr. Keeling. No, sir ; they were organized.
Mr. Kennedy. They were organized ?
Mr. Keeling. They were ah-eady organized.
Mr. Kennedy. Were the teamsters having a dispute with the com-
pany, that brought you out on strike ?
Mr. Keeling. It was a contract dispute.
Mr. IvENNEDY. Did you go out on strike at that time ?
Mr. Keeling. Yes, sir ; 1 did.
Mr. Kennedy. The company went out on strike ?
Mr. IVEELiNG. Yes, sir.
Mr. Kennedy. Were you one of the pickets ?
Mr. I^JEELiNG. I was.
Mr. Kennedy. You remained on the picket line for how long ?
Mr. Keeling. About 3 weeks I would say ; yes, sir.
Mr. IvENNEDY. Did the picket line continue ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. Did you continue ?
Mr. I^ELiNG. No, sir.
Mr. Kennedy. You went back to work ?
Mr. Keeling. I went back to work.
Mr. Kennedy. Why did you go back to work ?
Mr. Keeling. On account of the practices they were using, and
they were putting sirup in trucks and things like that.
Mr. Kennedy. They were putting sirup in the trucks of the com-
pany ?
Mr. Keeling. Yes, sir ; the company trucks.
Mr. Kennedy. And you objected to those kinds of tactics ?
Mr. Keeling. Yes, sir ; I did.
Mr. Ivennedy. Did that go on very often; a number of different
times ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. That the sirup was put in the trucks ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. And you objected to it ?
Mr. Keeling. Yes, sir ; I did.
Mr. Kennedy. Finally you became disgusted after a period of
about 3 weeks and went back to work ?
Mr. Keeling. That is right.
Mr. Kennedy. Could you tell us, were there any window breakings
as well as the siruping of the trucks ?
Mr. Keeling. Not that I recall ; no, sir.
Mr. Kennedy. Were there any other tactics that were used that you
objected to?
Mr. Keeling. Nothing more than abuse of the equipment.
The Chairman. How was that done ?
Mr. Keeling. Putting sirup in and stuff like that.
Mr. Kennedy. Were there any telephone calls made to any of the
company officials, that you knew about i
Mr. Keeling. Not that I knew of.
Mr. Kennedy. So you went back to work after a period of about
3 weeks?
Mr. Keeling. Yes, sir.
IMPROPER ACTIVITIBS EST THE LABOR FIELD 7301
Mr. Kennedy. Now, did anything happen to you after you went
back to work ?
Mr. Keeling. Well, my tools were stolen all through the time that
1 continued to work in Nashville.
Mr. Kennedy. Your tools were stolen ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. Did that happen very often ?
Mr. Keeling. Well, I don't think there was a week passed that I
didn't have anywhere from $6 to $25 worth of tools stolen.
Mr. Kennedy. So about every week, you had from $6 to $25 worth
of tools stolen?
Mr. Keeling. Yes, sir.
Mr. Kennedy. Did that happen to the other employees ?
Mr. Keeling. No, sir.
Mr. Kennedy. Was there any other kind of harassment ?
Mr. Keeling. No, sir.
Mr. Kennedy. What about in your automobile ?
Mr. Keeling. Oh, yes; the automobile. About every day I would
have 1 flat and sometimes 4 every day.
Mr. Kennedy. Every day you would have at least one tire
punctured ?
Mr. Keeling. From 1 to 4 ; yes, sir.
Mr. Kennedy. Every day that you came out from work, you would
find at least one of your tires flat?
Mr. Keeling. Yes, sir; in the siclewall of the tire, and not in the
tread.
Mr. Kennedy. Did you try to get new inner tubes, for your inner
tubes would be worn out if they were punctured every day ?
Mr. Keeling, I got inner tubes in my old car now that look like a
leopard.
Mr. Kennedy. How many patches do you think you have on some
of your inner tubes ?
Mr. Keeling. I would say some of them have 60 patches on them.
Mr. Kennedy. And your locker was broken into, was it ?
Mr. Keeling. Yes, sir ; at least 3 or 4 times.
Mr. Kennedy. Your locker was broken into ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. Was anything taken from your locker?
Mr. Keeling, Yes, sir ; my clothing and my work clothes and sev-
eral uniforms were taken, and 3 or 4 pair of workshoes.
Mr. Kennedy. What about the lock on your toolbox; was that
broken ?
Mr. Keeling. 3 or 4 times ; yes, sir,
Mr. Kennedy. How much would that cost you ?
Mr. Keeling. About $2.50 a lock.
Mr. Kennedy. Did anything else happen to your automobile ?
Mr. Keeling. Yes sir, I had a new paint job on it, and, about
2 or 3 weeks after it was painted and before it got dry, someone put
paint remover on it and ruined the paint job,
Mr. Kennedy. Paint remover ?
Mr. Keeling, Yes, sir.
Mr. Kennedy. And was your automobile ever siruped ?
Mr. Keeling. Yes, sir.
7302 IMPROPER ACTIVITIES ENT THE LABOR FTEI^D
Mr. Kennedy. Sirup was put in your automobile, and paint re-
mover was thrown on the car ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. And your tires were punctured ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. Did you ever have all of your tools stolen ?
Mr. Keeling. Yes, sir ; the entire box was stolen at one time.
Mr. Kennedy. When did that happen ?
Mr. Keeling. That I think was in July of 1955, June and July of
1955.
Mr. Kennedy. How much were those tools worth to you ?
Mr. Keeling. Well, at one time, I bought, I think, it was about
$370 worth, at one time.
The Chairman. You have to furnish your own tools; is that the
practice ?
Mr. Keeling. Yes, sir.
The Chairman. The mechanic furnishes his own tools ?
Mr. Keeling. That is the practice.
The Chairman. This was a personal loss to you ?
Mr. Keeling. Yes, sir.
Mr. Kennedy, Did the company help compensate you for the loss ?
Mr. Keeling. On the entire loss, they did.
Mr. Kennedy. On what ?
Mr. Keeling. On the entire loss they did, when they got the whole
box full ; yes, sir.
The Chairman. When they got the whole box, the company helped
you out on that, but these other stealings, or takings, you had to bear
that alone ?
Mr. Keeling. Yes, sir ; I replaced those myself.
Mr. Kennedy. Did you tie all of this harassment and your clothes
being stolen and your locks being busted, and your tools being stolen,
and what happened to your automobile — did you tie that into the dif-
ficulty that you had with the union about your going out on strike and
then coming back to work ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. You thought it was directly tied to that ?
Mr. Keeling. Absolutely.
Mr. Kennedy. Do you know anybody, or could you tell anybody
who was responsible for any of these acts ?
Mr. Keeling. No, sir ; I couldn't say ; no, sir.
Mr. Kennedy. That strike was settled, and the employees or the
pickets came back to work, did they ?
Mr. Keeling. Yes, sir.
Mr. Kennedy, Did you ever go out on strike again ?
Mr. Keeling. Yes, sir ; one more time, while I was there.
Mr. Kennedy. When was that ?
Mr. Keeling. I think that was in the spring of 1955 ; I am sure it
was the spring of 1955.
Mr. Kennedy. What position did you take on that ?
Mr. Keeling. Well, I didn't work while they were on strike.
Mr. Kennedy. You did not work ?
Mr. Keeling. No, sir.
Mr. Kennedy. For what reason?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7303
Mr. Keeling. Well, my employer said he didn't think it would be
safe for me to work while the strike was going on.
Mr. Kennedy. So you just went home ?
Mr. IvEELiNG. Yes, sir.
Mr. Kennedy. And you stayed at home ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. Then they opened up a new plant in Chattanooga;
is that right?
Mr. Keeling. Yes, sir.
Mr. Kennedy. And transferred you to Chattanooga because they
thought it would be safer for you there ?
Mr. Keeling. That is right.
Mr. Kennedy. How long did this harassment keep up on you, Mr.
Keeling ?
Mr. Keeling. Well, it was more than a year.
Mr. Kennedy. More than a year ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. ^Vlien all of these things were taking place ?
Mr. Keeling. Yes, sir.
Mr. Kennedy. Did you ever contemplate making peace with the
union so that these things would stop ?
Mr. Keeling. No, sir.
Mr. Kennedy. Why not?
Mr. Keeling. Well, I was approached one time by an employee of
the union and I don't recall what his name was. He wanted to know
why I didn't get right.
Mr. Kennedy. Why you didn't what ?
Mr. Keeling. Why I didn't get right and come back in the union,
and I told him wlien he cleaned up, I would be glad to.
Mr. Kennedy. But you were not going back in despite all of these
things ?
Mr. Keeling. That is right.
Mr. Kennedy. You were not going to go back in until they cleaned
up the local union ?
Mr. Keeling. That is right.
Mr. Kennedy. Have you had any difficulty since you have been in
Chattanooga ?
Mr. Keeling. Not a bit.
The Chairman. While you were on the picket line, and while you
were joining in the strike, did any violence occur other than the sirup-
ing of the trucks ?
Mr. Keeling. Not at the plant, sir ; no, sir.
The Chairman. Not at the plant ?
Mr. Keeling. No.
The Chairman. That was the only violence that occurred ?
Mr. Keeling. Yes, sir.
The Chairman. Did you take part in it ?
Mr. Keeling. No, sir.
The Chairman. Were you asked to take part in it ?
Mr. Keeling. No.
The Chairman. Who did you protest to, and you said you objected
to that sort of thing ?
80330— 58— pt. 18— — 17
7304 IMPROPER ACTIVrriEIS EST THE LABOR FIEILD
Mr. Keeling. It was just the men I was working with.
The Chairman. You talked to them about it '?
Mr. Keeling. Yes, sir.
The Chairman. You don't know who in the union, if it was being
done by the union, was giving the orders ?
Mr. Keeling. I wouldn't know.
The Chairman. You would not know that ?
Mr. Keeling. No ; I wouldn't know that.
The Chairman. Are there any further questions ?
Senator McNamara. I would like to ask a couple of questions. Did
you report these thefts and siruping of your car to the police ?
Mr. Keeling. No, sir ; I did not.
Senator McNamara. Why not ?
Mr. Keeling. Well, I did not think it would be any use.
Senator McNamara. What do you mean by that? You mean they
were cooperating with the strikers ?
Mr. Keeling. I would not say they were cooperating, no sir, but
you could not get anything; there would not have been anything done
about it.
Senator McNamara. There would not ?
Mr. Keeling. No, sir.
Senator McNamara. How do you know this ? Did other people try,
and nothing happened ?
Mr. Keeling. I don't know of anyone that did.
Senator McNamara. You just felt in your own mind, without any
justification, there was no use to report it to the police ?
Mr. Keeling. I just felt there would be no use.
Senator McNamara. When you went back to work on this first
strike, were there several employees or many of your employees back ?
Mr. Keeling. Pardon me ?
Senator McNamara. There were other people working when you
went back to work, while the strike was still on. There were other
people working for the company then, too ; were there not ?
Mr. Keeling. Yes, sir ; but they were not union members.
Senator McNamara. They were not union members ?
Mr. Keeling. No, sir.
Senator McNamara. You were the only one who had been a union
member and then went back ?
Mr. Keeling. One other man did come back.
Senator McNamara. Were his tools stolen, too, the other man ?
Mr. Keeling. Yes, sir ; he stayed only about a month, or something
like that, and he quit.
Senator IMcNamara. So they picked on you because you had been
on strike and then went back, and that is your explanation of why
you were singled out for this kind of treatment ?
Mr. Keeling. That is right, sir.
Senator McNamara. What happened when they put sirup in your
car ? Wliat actually did you have to do to correct it ?
Mr. Keeling. The car had to be overhauled.
Senator JNIcNamara. What do you mean by "overhauled" ?
Mr. Keeling. Well, it had to have new pistons and new rings.
Senator JNIcNamara. It ruins the pistons ?
IMPROPER ACTIVITIBS IN THE LABOR FIELD 7305
Mr. Keeling Tlie motor had to be completely torn down, and over-
hauled, about $165.
Senator McNamara. How old was the car ?
Mr. KJEELiNG. AVell, it was about 4 years old.
Senator McNamara. Did you have to have a new fuel pmnp ?
Mr. IsJiEiJLNG. No, sir.
Senator McNa^niara. The sirup does not get in there?
Mr. Keeling. The sirup was put in the crankcase.
Senator McNamara. Not in the gasoline tank ?
Mr. Keeling. No, sir.
Senator McNamara. I see. Is it customary to put it in the cranks
case, and not in the fuel tank ?
Mr. Keeling. I don't know, sir ; that is where it was put in mine.
Senator McNamara. It was put in your crankcase, but you knew
about siruping of cars, and that is why you went back to work
Mr. Keeling. Yes, sir.
Senator McNamara. Do you know whether they put sirup in the
crankcase, or in the gasoline tank, on these other cars that caused you
to go back to work ?
Mr. Keeling. In the crankcase.
Senator McNamara. That was the general practice, as far as you
knew ?
Mr. ICeeling. Yes. sir.
Senator McNamara. That is very interesting.
That is all, Mr. Chairman.
The Chairman. Thank you very much. You may stand aside.
Call the next witness.
Mr. Kennedy. Mr. Keith Draper is the next witness.
The Chairman. Do you solemnly swear that the evidence you give
before this Senate select committee shall be the truth, the whole truth,
and nothing but the truth, so help you God ?
Mr. Draper. I do.
TESTIMONY OF KEITH DRAPER
The Chairman, State your name and your place of residence and
your business or occupation.
Mr. Draper. My name is Keith Draper, I live at 111 10th Street,
Madison, Tenn., and I work for American Bakery Co. as a salesman.
The Chairman. In what capacity ?
Mr. Draper. Salesman.
The Chairman. You waive the right of counsel ?
Mr. Draper. I do.
Mr. Kennedy, In the early part of this year, Mr, Draper, were the
Teamsters Union Local 327 in Nashville attempting to organize the
American Bakery Co. ?
Mr, Draper, That is right,
Mr. Kennedy, Were you for or against the organizational drive ?
Mr. Draper. I was against it.
Mr. Kennedy. You were against it ?
Mr. Draper. That is right.
Mr. Kennedy, And were you an outspoken critic of the imion ?
Mr. Draper. In other woixls, you mean I came out in front of
everybody ? That is right, I did.
7306 IMPROPEK ACTIVITIES IN THE LABOR MEILD
Mr. Kennedy. You were strongly against the union and you made
your views known, is that right ?
Mr. Draper. That is right.
Mr. Kennedy. Did you ever have any personal difficulties with tlie
union?
Mr. Draper. In my previous job I knew of some of the tactics they
had pulled, or at least I thought they had pulled. In one instance,
when they were talking about organizing the grocery store where I
worked, Cooper-Martin, the butcher had acid thrown all over his car,
and it would have eaten the car up in a short time, if he had not
found out what happened.
That was one reason, or one of the reasons, why I was objecting to
the teamsters coming in.
Mr. Kennedy. From this personal experience that you have had
earlier ?
Mr. Draper. That is right.
Mr. Kennedy. Were you assaulted by any representative of the
union ?
Mr. Draper. By Perry Canaday.
Mr. Kennedy. Who is the business agent of 327 ?
Mr. Draper. That is right.
Mr. Kennedy. Would you tell us what happened ?
Mr. Draper. I was at a cafe, and I got ready to leave, and I walked
in the restroom.
Mr. Kennedy. This is on September 22, of this year ?
Mr. Draper. That is right.
I was standing with my back to the door, and I looked around over
my right shoulder, and when I did, he slugged me on my lef thand side
of my face. When I came up there, my face came up like a baseball and
stayed there.
The Chairman. What did he slug you with ?
Mr. Draper. I don't know.
Mr. Kennedy. You don't know what he hit you with ?
Mr. Draper. No.
Mr. Kennedy. Were you dazed or knocked out ?
Mr. Draper. It knocked me in a daze ; yes, sir.
Mr. Kennedy. Then he left ?
Mr. Draper. I partly fell to the floor, and I did not go all of the
way down, but I like to have gone to the floor. My mouth was cut on
the inside.
The Chairman. Did he give you any warning ?
Mr. Draper. No, sir.
The Chairman. Did he talk to you before ?
Mr. Draper. No.
The Chairman. Just an assault without warning?
Mr. Draper. In fact I did not know him at the time he hit me.
The Chairman. You did not even know him ?
Mr. Draper. No, sir.
Mr. Kennedy. What steps did you take then ?
Mr. Draper. T\Tien I came out of the restroom, of course I was
bleeding, and I sat down there in a booth there, and they brought
towels and water to absorb the blood, which was streaming out of my
nose and my mouth. Some of the people in the cafe told me who it
IMPROPER ACTIVITIES IN THE LABOR FIELD 7307
was that followed me in the restroom, said it was Perry Canaday, and
so I went down and swore out a warrant for him.
Mr. Kennedy. What kind of a warrant did you swear out?
Mr. Draper. I swore out a Joe Doe warrant.
Mr, Kennedy. On whose advice did you swear out a Joe Doe
warrant ?
Mr. Dr^vper. From the officer who was in the courthouse, and lie
said "If we get a Joe Doe warrant, these other guys around the court-
house don't know who we are looking for, and I will have a better
chance to pick him up."
Mr. Kennedy. He suggested that you just put "Joe Doe," rather
than Perry Canaday's name, actually on the warrant because of the
fact that the rest of the people around the courthouse, if they found
out who you were looking for, you might not be able to j)ick him up ?
Mr. Draper. He would know they were looking for him, and they
could not pick him up.
Mr. Ivennedy. He thought there would be a better chance to pick
him up ?
Mr. Draper. Yes, sir.
Mr. Kennedy. The warrant was turned over to this police officer ?
Mr. Draper. Yes, sir ; and we went back out to the cafe, and it was
just about closing time, or they had closed, and I sat in the car, and
two officers went in, and the cafe owner said that Perry Canaday had
gone, and he wasn't there.
Mr. Ejennedy. So what happened after that ?
Mr. Draper. So they carried me back to the courthouse, and advised
me to go to the hospital, they thought my jaw was broken, and so I
went to the hospital, and my jaw wasn't broken, and after that I went
home.
Mr. Kennedy. Did you hear anything about it after that ?
Mr. Draper. Yes, sir ; on Sunday morning.
Mr. Kennedy. What day was this, that you were hit ?
Mr. Draper. It was Saturday night.
On Sunday morning I got a telephone call at home, asking me would
I drop charges.
Mr. Kennedy. Who was the telephone call from?
Mr. Draper. Fred Pirtle.
Mr. Kennedy. How do you spell his name?
Mr. Draper. I am not positive.
Mr. Kennedy. Who was he?
Mr. Draper. He was working at the bakery at that time.
Senator Curtis. What is that ?
Mr. Draper. He was working for the bakery at that time, as a sales-
man, too.
Mr. Kennedy. He asked you to drop the charges ?
Mr. Draper. Yes, sir.
Mr. Kennedy. What did you say then?
Mr. Draper. I did not agree to it right at that time.
Mr. Kennedy. Did he give you a reason why you should drop them ?
Mr. Draper. He said that if I dropped them, it would be for my
benefit, if I would drop them, and there would not be anything else
to it.
7308 IMPROPER ACTIVITIES IIS^ THE LABOR FIELD
Mr. Kennedy. Then what happened ? Did you get any other tele-
phone calls?
Mr. Draper. We got three more that afternoon.
Mr. Kennedy. Who were they from?
Mr. Draper. I do not know who the other three were from.
Mr. Kennedy. Just anonymous telephone calls?
Mr. Draper. That is right.
Mr. Kennedy. Were the calls to you or to your wife ?
Mr. Draper. Well, my wife answered the phone once and they
talked to her once.
Mr. Kennedy. What did they say ?
Mr. Draper. Well, they advised her to get me to go and release the
warrant, or if I didn't, something might happen to the children or — I
mean, something might happen to me or it could even happen to the
children and her. It was for my own benefit that I go do that.
Mr. Kennedy. Did they say the same things to you?
Mr. Draper. Practically the same things.
Mr. Kennedy. So what did you decide to do then?
Mr. Draper. Then, I finally got the last telephone call when I
decided to go drop it. It was from Fred Pirtle, too, the one that
called first.
, Mr. Kennedy. What did he say ?
Mr. Draper. He asked me if I had changed my mind about what I
wanted to do. In the meantime, my wife had got all worried, and
torn up over the situation, and the little girl, too, which is 18. So we
decided that that was the only thing to do, was to withdraw the
warrant. So when Pirtle called me the last time, I told him that I
would. He asked me to come over — to come to the cafe, and that is
where I went. They did not have the warrant then.
Mr. Kennedy. He asked you to meet him at the cafe on Septem-
ber 24?
Mr. Draper. On Sunday night.
Mr. Kennedy. That would be Sunday night?
Mr. Draper. On Sunday night. I met him there about 6 o'clock.
Mr. Kennedy. That would be the following day, September 23 ?
Mr. Draper. That is right.
Mr. Kennedy. You met him there ?
Mr. Draper. I met Pirtle and Canaday, and the restaurant owner-
operator, I do not know who it is, and we went in the back room and
talked, and he thanked me for what I was going to do to drop the
charges.
The Chairman. Wlio thanked you ?
Mr. Draper. Perry and Pirtle.
The Chairman. Did he say why he hit you ?
Mr. Draper. He said he reckoned he was just all drunked up.
The Chairman. Reckoned he was just all drunked up?
Mr. Draper. That is what he said.
The Chairman. Did he appear to be drunk when he hit you?
Mr. Draper. A man couldn't hit that hard, drunk.
, Mr. Kennedy. So was that the end of it ? He didn't have anything
with him at that time ?
Mr. Draper. Not at that time. So they asked me to go by the court-
house, and asked, could I get in by 4 o'clock the next afternoon. I
IMPROPER AOTIVITIEiS EST THE LABOR FIELD 7309
told tliem no, that Monday was a hard day and I usually got in
around 6 o'clock on Monday. So they said, "Well, we will see what
we can do." So then, when I go to the office on Monday afternoon,
there was a telephone call there for me to call, and the supervisor had
the number, and he knew who it was. He saicl, "Pirtle is trying to get
hold of you." I said, "I know what it is about." So, when I got
hold of Pirtle, I called him, he said for me to meet him back at this
cafe and I could sign.
Mr. Kennedy. Could sign what ?
Mr. Draper. The warrant, the release on the warrant. So I go
back to the cafe on Monday night, and Canaday and the restaurant
operator had the warrant.
Mr. Kennedy. They had the warrant that had been in the hands of
the police officer ? They had the warrant then themselves ?
Mr. Draper. That is right.
Mr. Kennedy. The warrant which you had sworn out and which
had been turned over to the police officer 2 days before was now in
the possession of Perry Canaday, himself ?
Mr. Draper. That is right.
Mr. Kennedy. Do you know where he got the warrant ?
Mr. Draper. No, sir ; I don't.
Mr. Kennedy. This is in Nashville, Tenn. ?
Mr. Draper. That is right.
Mr. Kennedy. You have no explanation as to why he had the war-
rant and hadn't been placed under arrest by that time? You hadn't
withdrawn the charge at that time^ had you ?
Mr. Draper. No, sir ; I had not.
Mr. Kennedy. If anybody gave him the warrant, he would have
been under arrest. Can you give any explanation as to how he got
the warrant without being put under arrest ?
Mr. Draper. No, sir.
Mr. Kenni<:dy. Or why the warrant was given to him ?
Mr. Draper. He had to get it from an officer or out of the court-
house, one.
Mr. Kennedy. What did he want you to do with the warrant ?
Mr. Draper. Well, I asked him. I didn't know how to release any
warrant, and he said, "Well, you just sign your name right here."
Mr. Kennedy. Did he have anything written there ?
Mr. Draper. I do not remember whether that was on there. It was
on there when I signed my name, but I do not know whether they
wrote it on there or whether it was already written on there.
Mr. Kennedy. You don't know whether it was written on in your
presence, is that right ?
Mr. Draper. That is right. I do not remember that.
The Chairman. I hand you a photostatic copy of the warrant, I
believe, about which you have been testifying. Will you examine it
and state if you identify it.
( Document handed to the witness. )
Mr. Draper. That is it.
The Chairman. Do you identify it ?
Mr. Draper. That is right.
The Chairman. That may be made exhibit No. 18.
7310 IMPROPER ACTIVITIES LN" THE LABOR FIELD
(The document referred to was marked "Exhibit No. 18" for ref-
erence and may be found in the files of tlie select committee.)
The Chairman. The warrant shows that it was issued against Jolm
Doe, I believe. It shows it was issued against John Doe, charging
him with assault and battery upon the person of the prosecutor, and
your name appears over here as the person of the prosecutor, Keith
Draper.
Mr. Draper. That is right.
The Chairman. You signed this warrant, did you ?
Mr. Draper. At the courthouse.
The Chairman. That is your signature ?
Mr. Draper. On the front ; yes, sir.
The Chairman. And then when you released it, you signed this
statement on the back of it, it appears.
Mr, Draper. I just signed my name on the back of it. I signed that
statement.
The Chairman. I did not understand you.
Mr. Draper. I didn't write that, "I do not wish to prosecute."
The Chairman. I know you did not write it, but you signed with
that on it.
Mr. Draper. That is right.
The Chairman. The warrant was issued the 22d day of Septem-
ber 1957 according to the date of it, and on the reverse side there is
written in pen, "I do not wish to prosecute. 9-23-57," which was the
next day.
Mr. Draper. That is right. That was on Monday night.
The Chairman. And your name appears, "Keith Draper." You
signed that statement that you did not want to prosecute.
Mr. Draper. That is right.
The Chairman. All right.
Mr. Kennedy. That is not in your handwriting, "I do not want to
prosecute" ?
Mr. Draper. No, sir. That is not in my handwriting.
Mr. Kennedy. That was written by them, is that right ?
Mr. Draper. That is right.
Mr. Kennedy. Did you ever hear from Mr. Canaday again, or
did you ever hear anything further regarding this matter?
Mr. Draper. Yes. I don't recall the date, but it seems to me it was
about 3 or 4 weeks ago. A month to 6 weeks, I will put it that way.
I was approached at College Grove, Tenn., which is about 30 miles
south of Nashville, by an ex-employee of the company, which was
Fred Pirtle. It was in a grocery store. I said, "Boy, what are you
doing down here?" He said, "Well, I am just riding around." He
said, "Perry wants to see you out here." So I walked on out and
Perry Canaday was out there. He said, "Get in." I got in, in the
back seat of his car. He said, "Has the Tennessean reporter got hold
of you?" I said, "No." He said, "Well, he probably will. When
he does get ahold of you, you don't tell him anything. That is
for the good of you, for the good of you and your family. Just don't
tell him anything."
Mr. Kennedy. Who said this to you ?
Mr. Draper. Canaday.
The Chairman. For the good of you and your family ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7311
Mr. Draper. Tliat is right. So, I agreed to it. I said, "All right."
Mr. Kennedy. Did you hear again from them after that ?
Mr. Draper. Well, that night was when Mr. McShane met me; when
1 come in that night.
Mr. Kennedy. Mr. McShane of the staff of this commmittee ?
Mr. Draper. That is right. That is when he talked with me, was
that same day that they met me at College Grove. The next day
they met me at Nolansville.
Mr. Kennedy. Nolansville?
Mr. Draper. That is right. Tliat is about 15 miles south of Nash-
ville.
Mr. Kennedy. Canaday again ?
Mr. Draper. That is right. So when I come out of the store —
well, my supervisor was with me, but he stayed in the store. I went
back to the truck to get some more bread. They hollered at me to
■come to the car. So I walked over the car where they were. And
he said, "Well, that is just fine." Of course, it come out in the paper,
but I wasn't telling the reporter anything. lie said, "That is fine."
Of course, the reason I didn't tell the news reporter was because Mr.
McShane told me that in case the newspaper called me just to say, "I
have no comment." So that is what I did. So it worked both ways.
He said, "Well, the grand jury will probably indict you, and when
they do," he said, "you don't tell tliem anything."
Mr. Kennedy. That the gi\and jury would probably call you?
Mr. Draper. Would call me. And he said, "If they do, you just
tell theni you don't know who hit you." Then he said, "There won't
be anything to this."
Mr. Kennedy. Did they say what you should say about what your
condition was at the time, about being drunk or anything?
Mr. Draper. Well, they did make a remark most every time when
they were talking, that they were just all drunked-up.
Mr. Kennedy. Did they suggest that you say you were drunk, also,
and didn't know who hit you ?
Mr. Draper. That is right.
Mr. Kennedy. And that suggestion was made at the last meeting
that you had, that if you were called before a grand jury, you would
say that ?
Mr. Draper. And then the grand jury couldn't do anything.
Mr. Kennedy. If you said that, the gi^and jury could not take any
action ?
Mr. Draper. That is right.
Mr. Kennedy. Was that the last time you heard from them ?
Mr. Draper, Yes ; it was.
Mr. Kennedy. Did you or your wife receive any more telephone
calls ?
Mr. Draper. Well, we have received a lot of calls, but we don't know
who is calling. They call my wife and ask if I am at home, and if
I go to the telephone, nobody is there. Nobody will answer. They
have already hung up.
Mr. Kennedy. Have you received many of those telephone calls ?
Mr. Draper. Well, it happens a couple of times every night.
Mr. Kennedy. Every night ?
Mr. Draper. Yes, sir.
7312 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Kennedy. And they are never there when you get to the phone ?
Mr. Draper. No, sir.
Mr. Kennedy. Did they ever say anything to your wife if you are
not there ?
Mr. Draper. No, sir.
Mr. Kennedy. They just ask if you are there ?
Mr. Draper. They just ask if I am there. We have left the tele-
phone off the hook to keep anybody from calling so that they will
not wake up anybody.
Mr. Kennedy. What time do the telephone calls come ?
Mr. Draper. They come at any time in the night.
Mr. Kennedy. Right straight on through the morning?
Mr. Draper. We have had them as late as 3 o'clock in the morning.
Most of them are before 12 o'clock.
Mr. Kennedy. Does this upset your wife ?
Mr. Draper. Sure it does. She don't know what will happen to
her or the children, because she can't figure out what the object is.
The Chairman. Mr. Draper, you signed this release on the warrant
because you were afraid ; isn't that true I
Mr. Draper. That is right.
The Chairman. And now you are still being harassed by these tele-
phone calls ?
Mr. Draper. Yes, sir ; but they don't say anything.
The Chairman. I understand. You described what occurred. You
were also asked to commit perjury if you went before the grand jury,
to swear you didn't know who hit you when you do know who hit you ?
Mr. Draper. That is right.
The Chairman. That is correct ?
Mr. Draper. That is right.
The Chairman. Did you think these telephone calls are just to keep
you reminded that they mean for you to commit perjury when you
go before the grand jury ?
Mr. Draper. Well, that would be what I would think. A friend
wouldn't be calling me and doing me that way.
The Chairman. Sir?
Mr. Draper. A friend of mine wouldn't be calling me and doing
the family that way. A friend, I say.
The Chairman. Anyone who had your interests at heart wouldn't
be calling you and doing you that way ; would they ?
Mr. Draper. That is right.
The Chairman. So you are still under apprehension ?
Mr. Draper. Yes, sir.
Senator Curtis. "W^ien was the last harassment you were subjected
to ? How long ago ?
Mr. Draper. I didn't quite get that, please.
Senator Curtis. When was the last time anybody bothered and
harassed you ?
Mr. Draper. When they met me at Nolansville was the last time I
know
Senator Curtis. When was that ?
Mr. Draper. That was before 5 weeks ago, I reckon it was.
Senator Curtis. That is all.
The Chairman. There are the telephone calls.
IMPROPER ACTlVmES EST THE LABOR FIEiLD 7313
Senator Curtis. You haven't received any telephone calls in the
last 5 weeks ?
Mr. DiiAPER. Yes, sir ; but I don't know who they were from.
Senator Curtis. I did not ask you who they were from. I asked
you wlien was the last one you received.
Mr. Draper. Last Saturday.
Senator Curtis. Last Saturday ?
Mr. Draper. Yes, sir.
Senator Curtis. And that was after it was known you were coming
down here, too ?
Mr. Draper. Yes, sir.
Mr. Kennedy. And you did appear before a grand jury ; did you
not?
Mr. Draper. Yes, sir ; twice.
Mr. Kennedy. You were called before the grand jury and you testi-
fied truthfully ?
Mr. Draper. Yes, sir.
Mr. Kennedy. That was within the last week ?
Mr. DitAPER. The last week, I think.
Mr. Kennedy. And Mr. Canaday has been indicted, has he not, for
the assault ?
Mr. Draper. I understood by the paper that he was to be, yesterday.
Mr. Kennedy. It wasn't because you had pressed it yourself, but the
district attorney started to move on this matter ?
Mr. DiLvpER. Yes, sir ; he started to move. He said he had to get
to work on this case before Washington let it out.
The Chairman. Before Washington let it out. Maybe we are doing
some good down there.
(At this point. Senator Ives withdrew from the hearing room.)
Senator McNamara. Mr. Chairman?
The Chairman. Senator McNamara.
Senator McNamara. You mentioned a Mr. Pirtle. You called him
Mr. Pirtle. Was he a friend of yours ?
Mr. Draper. I thought he was. It turned out he wasn't.
Senator McNamara. He was just somebody that worked with you ?
You were both salesmen, was that the relationship ?
Mr. Draper. Yes, sir.
Senator McNamara. Was he present the night you were beaten up ?
Mr. Draper. He left about, I would say, 3 minutes before I got
hit.
Senator McNamara. He had been there, however ?
Mr. Draper. Yes, sir.
Senator McNamara. You thought he was your friend, but it de-
velops now that because of these instances, you find he is not your
friend ?
Mr. Draper. Yes, sir.
Senator McNamara. Are we to assume that he was friendly to this
man that beat you up ?
Mr. Draper. Yes, sir. He was with him both times he beat me on
the highway.
Senator McNamara. He traveled around with him ?
Mr. Draper. Yes, sir.
7314 IMPROPEE ACTIVITIES IN THE LABOR FIEILD
Senator McNamara. Was he a member of this union that was try-
ing to organize the place ?
Mr. Draper. After he left the company, I think he did.
Senator McNamara. But not at the time ?
Mr. Draper. Not at that time he wasn't.
Senator McNamara. Did they succeed in organizing the plant or
not?
Mr. Draper. No, sir. They called off the election.
Senator McNamara. They called it off ?
Mr. Draper. Yes, sir.
Senator McNamara. That is all, Mr. Chairman.
The Chairman. Thank you very much.
Call the next witness.
(Members present at swearing of the witness were: Senators Mc-
Clellan, McNamara, and Curtis.)
Mr. Kennedy. Andrew Mosier.
The Chairman. Do you solemnly swear the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. Mosier. I do.
TESTIMONY OF ANDREW T. MOSIER
The Chairman. State your name, your place of residence, and your
business or occupation, Mr. Mosier.
Mr. Mosier. Andrew T. Mosier, Nashville, Tenn., Belle Meade
Police Department.
The Chairman. You are what?
Mr. Mosier. A lieutenant on the Belle Meade Police Department.
The Chairman. Belle Meade ?
Mr. Mosier. Yes, sir.
The Chairman. Thank you. You waive counsel ?
Mr. Mosier. Yes, sir.
The Chairman. All right, Mr. Kennedy.
Mr. Kennedy. Where is Belle Meade ?
Mr. Mosier. Belle Meade is a small suburban — a suburb on the
western part of Nashville.
Mr. Kennedy. The western part of Nashville ?
Mr. Mosier. Yes.
Mr. Kennedy. It is not within the city lines of Nashville ?
Mr. MosiER. It is in Davidson County.
Mr. Kennedy. You are outside of the jurisdiction of the police
force of Nashville ?
Mr. Mosier. That is right ; yes.
Mr. Kennedy. Within the jurisdiction of the sheriff's office ?
Mr. Mosier. That is right.
Mr. Kennedy. Could you tell the committee about the Belle Meade
Police Department ? It is an unusual arrangement.
Mr. Mosier. Well, the Belle JNIeade Police Department is privately
owned by Leo Lucarini.
The Chairman. It is what ?
Mr. Mosier. Privately owned.
The Chairman, Privatelv owned ?
IMPROPER ACrriVITiES IN THE LABOR FIELD 7315
Mr. MosiER. Yes, sir. It is a subscription basis.
Mr. Kennedy. L-u-c-a-r-i-ii-i ?
Mr. MosiER. Yes, sir.
Mr. Kennedy. How does it operate ? Will you explain that ?
Mr. MosiER. We operate through a charging for services, and pro-
tecting the property of homes and business places in that area. I have
been there M years.
The Chairjvian. Are you a deputy sheriff ?
Mr. MosiER. Yes, sir ; deputy sheriff or undersheriff.
The Chairman. You are under that authority ?
Mr. MosiER. Yes, sir ; under the authority of the sheriff's office.
Mr. Kennedy. You are under the sherift''s office, although it is a
private institution ; is that right ?
Mr. MosiER. Yes, sir.
Mr. Kennedy. Do you also perform work for the public ?
Mr. MosiER. Yes, sir.
Mr. Kennedy. Such as what ?
Mr. MosiER. To a certain extent. On school zones, traffic, things
like that.
Mr. Kennedy. But basically, it is a private institution ?
Mr. MosiER. Yes, sir.
Mr. Kennedy. And you take your instructions ultimately from
the sheriff's office ?
Mr. MosiER. That is right.
Mr. Kennedy. Then you allow your deputies to work out on a
contract basis with companies and with tirms and with private
homes, is that right, to protect property ?
Mr. MosiER. Let me explain that a little bit further. We have a
watching service, like the Western Electric Co., the guard service.
We are under contract to them; with Kroger Co., with Locke Hard-
ware Co., and several other companies where we furnish guards,
night watchmen.
Senator Curtis. May I ask a question there about the organization ?
Mr. MosiER. Yes, sir.
Senator Curtis. In other words, you provide a sort of protective
service that you charge individual citizens and businesses for; is that
right?
Mr. MosiER. That is correct, sir.
Senator Curtis. But when you act officially, such as making ar-
rests, you do so under the cloak of authority as a deputy sheriff'?
Mr. MosiER. That is correct, sir.
Senator Curtis. Are all of your men deputy sheriffs ?
Mr. MosiER. Yes, sir.
Senator Curtis. Every employee ?
Mr. MosiER. No; not every employee. We have several civiliara
employees, such as bookkeeper. But those we have driving out on
patrol cars and working on jobs like that are deputy sheriffs or
special deputy slierift's.
Senator Curtis. Are all your men subject to the directions and
control of the sheriff?
Mr. MosiER. That is right, sir. He can revoke their commission
at will.
Senator Curtis, That is all.
7316 IMPROPER ACTIVITIE'S IN" THE LABOR FIELD
Mr. Kennedy. In August of 1956, were you requested to provide
some services for the Wilson Truck Line '^
Mr. MosiER. Yes, sir ; I was. I was called by Mr. Bransf ord. My
chief was called by Mr. Bransford.
Mr. Kennedy. Mr. who ?
Mr. MosiER. Mr, Bransford. B-r-a-n-s-f-o-r-d.
Mr. Kennedy. He called ?
j\Ir. MosiER. He has the insurance for the Wilson Trucking Line.
Mr. Kennedy. They wanted some guards out there ?
Mr. MosiER. They wanted a couple of guards, yes, sir, to watch
after the trucks at night.
Mr. Kennedy. And you made arrangements to send guards out
there?
Mr. MosiER. Yes, sir. I sent two out there. I think that was on
August 3.
Mr. Kennedy. '\'\nio was attempting to organize the company at
the time ?
Mr. MosiER. I understood it was the teamsters. I didn't positively
know.
Mr. Kennedy. Had there been a good deal of trouble with the
teamsters in the Nashville area over the period of the past few years ?
Mr. MosiER. Yes, sir,
Mr. Kennedy. So they wanted some guards on their property at
the time the teamsters were attempting to organize ?
Mr. MosiER, Yes, sir.
Mr. Kennedy. And you provided those guards ?
Mr, MosiER, I sent two men out there, yes, sir,
Mr. Kennedy. How long did they remain out there ?
Mr. MosiER. They remained out there the night of August 3 and
the night of August 4.
Mr. Kennedy. Then were they taken off ?
Mr.MosiBB. Yes, sir.
Mr. Kennedy. l<'or what reason ?
Mr. MosiER. Mr. Gourley, the acting sheriff at that time, called and
wanted to know who the men were that were on the job out there.
Mr. Kennedy. That is Everett Gourley ?
Mr. MosiER. Yes, sir.
Mr. Kennedy. He was the acting sheriff ?
Mr. MosiER. He was the acting sheriff, after Sheriff Tom Cart-
wright died. He was delegated to take the office over as coroner.
Mr. Kennedy. He had been coroner and under the law, when the
sheriff dies, the coroner becomes sheriff', is that right ^
Mr. MosiER. That is right.
Mr. Kennedy. And he became acting sheriff until a new election ?
Mr. MosiER. Yes, sir ; he became sheriff,
Mr. Kennedy. Now, what about Mr. Gourley ?
Mr. MosiER. Mr, Gourley said I would have to remove the two men
that were out there. He wanted to know who they were. He said
I would have to remove them from out there. I called the chief. He
was at home at the time, I told him.
Mr. Kennedy. Who was the chief ?
Mr. MosiER. Leo Lucarini. The chief called him, I think, and then
Mr. Bransford — I can't think of the gentleman's name at the trucking
company
IMPROPER ACTIVITIES m THE LABOR FIELD 7317
Mr. Kennedy. Mr. Comer?
Mr. :Mosier. Yes, sir. They called and wanted to see if we could
leave tliem. Finally :Mr. Gourley said we could leave them over-
night, but we would have to remove them.
Mr. Kennedy. You had them out for one night as of this time,
when you received the call ?
Mr. MosiER. Yes, sir.
Mr. Kennedy. And he said you could keep them out there for one
night longer I
Mr. MosiER. Yes, sir.
Mr. Kennedy. Wilson Truck Lines were paying for these men,
were they not ?
Mr. MosiER. Yes, sir.
Mr. Kennedy. And that is a sei^vice tliat tlie Belle Meade Police
Department was supposed to provide. Why did he say he wanted
those people removed ? What did he explain to you as the reason he
wanted those people removed ?
Mr. MosiER. He said that they had told him, although he didn't
want to stick his neck out
Mr. Kennedy. Why didn't he want to stick his neck out? What
was the problem ?
Mr. MosiER. I don't know, sir.
Mr. Kennedy. He just said, "I don't want to stick my neck out."?
Mr. MosiER. Yes, sir.
Mr. Kennedy. Did he say anything about what was involved in
this matter ?
Mr. MosiER. I imagine he didn't want to get into the labor end of
it.
Mr. Kennedy. Did he say that to you ?
Mr. IMosiER. Yes, sir.
Mr. Kennedy. That he did not want to get into a question of labor?
Mr. MosiER. Yes, sir.
Mr. Kennedy. And if there was labor violence, he didn't want to
get involved ?
Mr. MosiER. That is right.
Mr. Kennedy. Did he say also tliat people had been on his neck,
and that there was pressure being put on him ?
Mr. MosiER. He said they had called him about the men that were
out tliere on the job.
The Chairman. Who did he mean by "they" ?
Mr. MosiER. I don't know, sir. He sent two of his deputies out
there to find out who the men were that were on the job. He didn't
know if they were his men or wluit the men were at the time. So when
his men came out there, they found out that my two men had deputy
coroner's commissions, and that is wlien he called to find out about
it, and have us pull the men oif the job.
]Mr. Kennedy. What steps did he say he would take ?
Mr. ^losiER. He said he would have to take up tlie cards if we
didn't pull them off.
Mv. Kennedy. He said if you didn't get tlie men out of tliere, he
was ffoiiio; to withdraw the commission ?
Mr. MosiER. Yes, sir.
Mr. Kennedy. So he felt very strongly about it ?
7318 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. Kennedy. You gathered that?
Mr. MosiER. Yes, sir.
Mr. ICennedy. iViid you removed those guards then ?
Mr. MosiER. Yes, sir.
Mr. Kennedy. They only stayed the one more night?
Mr. MosiER. That is right.
Mr. Kennedy. Had you had any complaints about them other-
wise? Had they been involved in anything improper, or anything
like that ?
Mr. MosiER. Complaints about who, sir ?
Mr. KJENNEDY. About these guards that were out there? Had they,
been performing their duties improperly or anything like that ?
Mr. MosiER. Ko sir, I had no complaints.
Mr. Kennedy. Nobody said anything about that ?
Mr. MosiER. No, sir.
Mr. Kennedy. It was just the fact that some people had called
him and he wanted these people removed because he didn't want to
get involved in a labor dispute or get involved where union violence-
might arise, is that right ?
Mr. MosiER. That is right.
Mr. Kennedy. Did you tell Mr. Lucarini about the conversation?
Mr. MosiER. Yes, sir. Mr. Lucarini had conversations also on
that.
Mr. Kennedy. Mr. Lucarini, Mr. Chairman, had a heart attack
and was unable to come, but he has furnished an affidavit which I
think suffices.
The Chairman. The Chair will read the body of the affidavit. It
may be inserted in the record at this point in full.
I, Leo Lucarini, chief of the Belle Meade Police Department, on August 4,.
1956, was advised by one of my officers, Lt. Andrew T. Mosier, that Acting
Sheriff Everett Gourley had notified Mosier by telephone that the Belle Meade
police guards would have to be pulled off the Wilson Truck Co. property.
Mosier also related to me that he had been told by Gourley that the teamster
ofHcials from local 327 in Nashville were on his neck to remove the police guards
from the Wilson Truck Co. property. I called Sheriff Gourley in reference to
this problem and he advised me that I would have to pull the guards away from
the strike area because he was afraid of becoming involved in a lawsuit. He-
stated that there had been some trouble between the pickets and the Belle
Meade police guards the night before, and that some of the pickets threw rocks
at the officers, and that he, Gourley, was afraid one of the officers might pull his
gun and shoot a picket which would result in Gourley becoming involved in a
lawsuit. I asked Sheriff Gourley if I should pull the men off immediately and
leave the truck company without any protection, and he advised me to wait until
the next morning. The next morning at my direction the two police officers
were relieved from duty at the Wilson Truck Co. in Nashville, Tenn.
(Affidavit referred to follows :)
Affidavit
I, Leo Lucarini. who reside at 118 Windsor Drive. Nashville, Tenn., freely
and voluntarily make the following statement to LaVern J. Duffy who has
identified himself to me as a member of the staff of the United States Senate-
Select Committee on Improper Activities in the Labor Management Field. No
threats, force or duress has been used to induce me to make this statement, nor
have I received any promise of immunity from any consequences which may
result from submission of this statement to the aforementioned Senate select
committee.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7319
I, Leo Lucarini, chief of the Belle Meade Police Department, on August 4,
1956, was advised by one of uiy officers, Lt. Andrew T. Mosier, that Acting Sheriff
Everett Gourley had notified Mosier by telephone that the Belle Meade police
guards would have to be pulled ofll" the Wilson Truck Co. property. Mosier also
related to me that he had been told by Gourley that the teamster officials from
local 327 in Nashville were on his neck to remove the police guards from the
Wilson Truck Co. property. I called Sheriff Gourley in reference to this prob-
lem and he advised me that I would havet o pull the guards away from the-
strike area because he was afraid of becoming involved in a lawsuit. He stated
that there had been some trouble between the pickets and the Belle Meade police
guards the night before, and that some of the pickets threw rocks at the officers^
and that he, Gourley, was afraid one of the officers might pull his gun and
shoot a picket which would result in Gourley becoming involved in a lawsuit.
I asked Sheriff Gourley if I should pull the men off immediately and leave
the truck company without any protection, and he advised me to wait until the
next morning. The next morning at my direction the two police officers were
relieved from duty at the Wilson Truck Co. in Nashville, Tenn.
I have read the foregoing statement, and to the best of my knowledge it is-
true and correct.
/s/ Leo Lucarini.
Witnesses :
La Verne J. Duffy.
Lucy C. Terrehll.
Sworn to and subscribed before me this 24 day of July 1957.
My commisssion expires November 27, 1960.
Iseal] /s/ Nettie F. Kinsey, Notary Public.
The Chairman. Is there anything further ?
Senator McNamara. Were you hired by the sheriff or by Mr..
Lucarini ?
Mr. Mosier. Lucarini.
Senator McNamaiuv. 'Wlio hired you ?
Mr. Mosier. Mr. Lucarini.
Senator McNamara. Mr. Lucarini hired you ?
Mr. Mosier. Yes, sir.
Senator McNamara. And he arranged for you to be deputized as
a sheriff ?
Mr. Mosier. That is right, sir.
Senator McNamara. You were not a deputy sheriff' before you took:
thejob?
Mr. Mosier. No, sir.
Senator McNamara. Do you receive any pay from the sherift''s
office ?
Mr. Mosier. No, sir.
Senator McNamara. Your pay totally comes from this private-
police ?
Mr. Mosier. The Belle Meade Police Department, yes, sir.
Senator McNamara. Which is a private agency '?
Mr. Mosier. It is a private agency.
Senator McNamara. Do you know by what authority they operate ?
Do they have a charter or permit or something? They must have
some authority to operate from the coimty or the city or something.
Mr. Mosier. From the county.
Senator McNamara. From the county ?
Mr. Mosier. The sheriff's department. The sheriff commissions
the police. We have several of these little private police departments
around the Nashville area.
89330— 58— pt. 18-
7320 EVIPROPER ACTIVITIES IN' THE LABOR FIEOLD
Senator McNamara. What is your duty mainly? To go around
to individual householders and see that the doors are locked and the
garages closed?
Mr. MosiER, That is correct. People would subscribe to us where
if they are leaving home and are going to be away from home for a
week or 2 weeks, they give us a call and tell us how they are going to
leave their home, and then our patrol cars go by. It is mostly a
glorified night-watchman service.
Senator McNamara. How much do the individual householders
pay?
Senator McNamara. $18 a year ?
Senator McNamara, 18 a year ?
Mr. MosiER. Yes, sir.
Senator McNamara. That is all, Mr. Chairman,
Senator Curtis. How long have you been in this police work?
Mr. MosiER, Ten years, sir.
Senator Curtis. During that time, has this word come down from
the sheriff's office to not get involved in crime and violence with any
other group besides the unions ?
Mr, MosiER, No, sir.
Senator Curtis. They never told you to lay off of children who
might commit a crime ?
Mr. MosiER, I don't quite understand that, sir.
Senator Curtis. What I mean is they have never picked out any
other group, children or any profession or any nationality, or any
businesses, and say, ''Don't ever bother them" ?
Mr. MosiER, Only where the law is violated, we usually take that
into our own concern.
Senator Curtis, But this special direction, not to get involved in
union violations is something that in your experience has only been
carried out in reference to unions, is that right ?
Mr, MosiER, That is right, sir. I don't like to get into any kind
of violence, if I can help it.
Senator Curtis, But so far as you Icnow, that was the only group
that were permitted to live outside the law ?
Mr, MosiER, Which was the only group ?
Senator Curtis, The unions.
Mr. MosiER, I imagine so, sir.
The Chairman. All right. Thank you very much.
Mr. Kennedy. Mr. Everett Comer.
The Chairman, Do you solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. Comer, I do.
TESTIMONY OF EVERETT G. COMER
The Chairman. State your name and your place of residence and
your business or occupation.
Mr. Comer. My name is Everett G. Comer; resident, 3703 Wood-
mont Lane, Nashville, Tenn. I am president and general manager
of Wilson Trucking Co., home office in Nashville, Tenn.
The Chairman. You waive the right of counsel ?
Mr. Comer. I do.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7321
Mr. IvEXNEDY. Mr, Comer, you were having some problems with
the teamsters union, were you, in 1956 ?
Mr. Comer. That is correct.
Mr. Kennedy. And they went out on strike ?
Mr. Comer. That is right.
Mr. IvENNEDY. And you felt that you needed some guards to pro-
tect your property ; is that right ?
Mr. Comer. That is right.
Mr. KJENNEDY. And you contacted the Belle Meade Police Depart-
ment, Mr. Lucarini ?
Mr. Comer. I believe the contact was made by one of our stock-
holders who in turn had Lieutenant Mozier get in touch with me.
Mr. Kennedy. And guards were assigned in early August of 1956 ?
Mr. Comer. That is correct.
Mr. IvENNEDY. Around the 2d or 3d of August of 1956 ?
Mr. Comer. Yes, the 3d, I think.
Mr. Kennedy. Now, I understand from the previous witness that
they only remained a couple of days, but I believe your records showed
that they stayed about 10 days, the guards.
Mr. Comer. Yes. Our record based on payments to those guards,
indicate that they were there from the 3d until the morning of the
12th.
Mr. Kennedy. But anyway, at that time were you told those guards
would have to be removed ?
Mr. Comer. I was told by one of our supervisors who had been on
duty at the warehouse the night of the 11th, a Saturday night, the
11th, that it appeared these guards would not be back. However, he
had not been there all night himself and he said that I had better
call McCloskey, who was the man who had been there all night and
get the story. That I did.
Mr. Kennedy. Will you recite that ?
Mr. Comer. McCloskey reported that during the evening of Sat-
urday two men who identified themselves as being from the sheriff's
office had driven across the picket line and into our lot. Of course he
went back immediately, not knowing who they were, to investigate.
He asked them why tliey were there.
He was told that they wanted to talk to these two guards and
wanted to know if there was any objection and he said "No."
McCloskey said, "Well, I am also a commissioned deputy from the
sheriff's office and if there is any trouble, I think that I can take
care of it."
They said, "We would like to talk to them." So they talked to
them and left. Later in the night, I believe it was reported sometime
after midnight probably, that these guards received a teleplione call
from their office, which was the Belle Meade patrol.
The identity of the person calling was not known, but when this
guard left the phone, he said it looked like they were not going to be
able to return for duty the next night. He was asked why and lie
said, "Well, the sheriff called the office, the Belle Meade office, and told
them tliat these men should be removed and in fact they would have to
remove them."
The guard further stated that it was because the sheriff had said
tliat if they did come back out there, he would have to cancel their
7322 IMPROPER ACTIVITIES EN THE LABOR FIELD
commissions. So I then got in touch with Lieutenant Mozier of the-
Belle Meade patrol and asked him what the trouble was, and he said,,
well, that was substantially correct. They had been ordered not to
send those men back out there anymore. He wanted to know if there
was anything I wanted him to do and I said, "No, I want to get in
touch with acting Sheriff Gourley and see why he has put out such
an order."
For 2 or 3 hours I was not successful in getting in touch with him.
Shortly after noon, that was on Sunday, I did reach him at home.
I asked him if he knew why I had employed those men and I wanted
to explain to him that they were strictly on guard duty out there
and that we had a fence now in front of the place, our protective
fence, and that we had over $2 million worth of brandnew equipment
setting over there.
I explained that they were not employed as strikebreakers, nor
to have anything to do with the picket line, but to protect that prop-
erty, and as far as trouble with the union or picket line was con-
cerned, I did not anticipate any because we were not tiying to operate
as employees would not cross the picket line and we were shut down
100 percent, so I did not anticipate any trouble with the picket line
nor the union.
All I wanted was to protect that property, that it would be very easy
for someone to slip into that lot and pour sirup into the engines and
we would know nothing about it until we tried to start them again-
I asked first, in the early part of the conversation, what the complaint
was that I heard had been registered and who made it.
He said, well, all he could say was that there had been a complaint
that they had interfered in some way with the picket line. I never-
learned who made the complaint.
I said to him, "Sheriff Gourley, anyone w^ho says those men have
had anything to do wnth that picket line at all, they are lying." He
said, "Well, I can't help that, but w^e can't afford to have any trouble
with these unions." He said, "A couple of years ago, during the rail
strike, our office was severely criticized for some things that went on
and we are just not going to take any part in these labor troubles."
I said, "Sheriff Gourley, I am not asking you to take any part in it.
All I want is some guard service, and if you can't furnish it maybe I
will have to make other arrangements. But I want to reiterate that
I did not employ them or they were there strictly under my personal in-
structions to protect the property of Wilson Trucking Co. and that
is all."
I hung up and I called Lieutenant Mozier back and told him that the
sheriff had not given in and that I would have to make some other ar-
rangements. Lieutenant Mozier agreed to assist me in getting other
guards and getting them, maybe, out of the ranks of constables in the-
county over which the sheriff's office had no control.
I thanked him and told him that I thought I liad a guard service-
organized within our supervisory personnel and that if I needed him
I would call him bade, which I did not.
Mr. Kennedy. So the sheriff', in other words, told you that you could'
not have guards to protect your property because there was a labor-
union involved ; is that right ?
IMPROPER ACTTIVITIES IN THE LABOR FIELD 7323
Mr. Comer. Well, he didn't say that because the labor union was
involved ; he just said
Mr. Kennedy. Because there was a labor dispute ?
Mr. Comer. Yes; that is right, and he couldn't afford to have any
troubles with the unions.
Mr. IvENNEDY. That is all.
Senator McNamara. I see you referred to this organization as the
Belle Meade patrol, and the previous witness referred to it as the Belle
Meade Police Department. What is the official name ; do you know ?
Mr. Comer. I believe it is now the Belle Meade Police Department
and I believe when it was originally organized it was known as the
Belle Meade patrol.
Senator McNamara. How large is this community, Belle Meade?
What is the approximate population ?
Mr. Comer. I don't know. It is really a part of Nashville. It is
incorporated at this time ; but, actually, I couldn't say.
Senator McNamara. It is actually part of Nashville ?
Mr. Comer. It is one of the principal residential areas.
Senator McNamara. Of Nashville ?
Mr. Comer. Yes, sir, of Nashville.
Senator McNamara. Then, is it normally covered by the Nashville
Police Department ?
Mr. Comer. No, it is outside the city limits.
Senator McNamara. They have no police department of their own?
Mr. Comer. No, other than this Belle Meade patrol.
Senator McNamara. Which is a private organization ?
Mr. Comer. Yes.
Senator McNamara. So they depend totally on the sheriff's office for
police protection ?
Mr. Comer. Well, this area depends to some extent on the sheriff's
■office, those who don't subscribe to this privately operated organization.
Senator McNamara. If you do not subscribe to this privately oper-
ated patrol, or police force, then you are dependent upon the sheriff's
office for police protection ?
Mr. Comer. That is correct.
Senator McNamara. Do you now have an agreement with the
teamsters union ?
Mr. Comer. Yes, sir.
Senator McNamara. You are operating a union shop now ?
Mr. Comer. Yes, sir.
Senator McNamara. For all of your employees? Are all of the
truckdrivers members of the teamsters union 'i
Mr. Comer. Yes, sir.
Senator McNamara. That is all.
The Chairman. Thank you very much. Call the next witness.
Mr. Kennedy. Mr. Gourley.
The Chairman. Do you solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth and nothing but the truth, so help you God ?
Mr. Gourley. I do.
7324 IMPROPER ACnVITIES IN THE LABOR FIEILD
TESTIMONY OF EVERETT E. GOURLEY
The Chairman. State your name and your place of residence and
your business or occupation.
INIr. GouRi.EY. Everett E. Gourley, 2802 West Linden, Nashville,
Tenn., and I sell automobiles, and also, I am coroner of Davidson
County.
The Chairman. Do you waive the right to counsel ?
Mr. GouRLET. Yes, sir.
The Chairman. Under your laws of the State of Tennessee, if the
sheriff dies or the office of sheriff becomes vacant, does the coroner
automatically succeed to that office as acting sheriff '^
Mr. Gourley. That is right.
The Chairman. Proceed.
Mr. Kennedy. Did you succeed to the office of acting sheriff" on
March 23, 1956 ?
Mr. Gourley. Yes, sir.
Mr. Kennedy. You were sheriff then, or acting sheriff', in August
of 1956 at the time of the difficulties between the teamsters and the
Wilson Trucking Lines ?
Mr. Gourley. That is right.
Mr. Kennedy. Did you have some conversations with Lieutenant
Mozier regarding the removal of the guards that had been stationed
at the Wilson Truck Lines ?
Mr. Gourley. I talked to someone out there and I don't remember
who it was, before I talked to the chief. I talked to the chief about
it later.
Mr. Kennedy. Had you been approached by any teamster officials
prior to that about removing the guards ?
Mr. Gourley. No, sir.
Mr. Kennedy. Did you tell Lieutenant Mozier that the guards
must be removed ^
Mr. Gourley. Yes, sir.
Mr. Kennedy. You told him that the guards were to be removed,
is that right ?
Mr. GouBLEY. Yes, sir. I don't think that I said "must," and I said
I thought it would be a good idea.
Mr. Kennedy. You said if they were not removed their commissions
would be lifted ?
Mr. Gourley. No, sir.
Mr. Kennedy, You never had any conversation like that?
Mr. Gourley. No, sir.
Mr. Kennedy. The testimony to the contrary is not correct ?
Mr. GouRixEY. I do not remember making that statement.
Mr. Kennedy. Do you think that you might have made that state-
ment ?
Mr. Gourley. I could have, but I don't see where I would have be-
cause it was not necessary to make a statement like that if they removed
them. They usually cooperate on those things.
Mr. Kennedy, You understood that they would be removed when
you gave the instructions ?
Mr. Gourley. That is right.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7325
Mv. Kennedy. But you say that prior to tlie time that you ordered
their removal, that you had not had any conversations with the
teamsters officials ?
Mv. GoFRLEY. No, sir.
Mv. Kennedy. For what reason did you order their removal?
Mv. GouRLEY. I just thought we were supposed to be — there had
been no violence out there and we were the law-enforcing group in
Davidson County and we had not heard from anyone in the Wilson
Trucking Co. about there being any violence and I just thought that
we would be better off and everybody would be better oft' or concerned
in not having anyone go.
I knew we were within 3 minutes and we had men patrolling that
place all of the time in a car, uniformed men, and I figured that would
really have more effect than men in civilian clothes, anyway.
Tlie Chairman. Did you call them oft* from other places? They
had the Belle ]\Ieade Police Department or agency out there serving a
lot of people. They had deputy sherift' commissions.
Mr. GouRLEY. That is right.
The Chairman. They were assigning them around to serve people
wherever people wanted that service. Did you call them off anywhere
else ?
:Mr. GouRLEY. No, sir ; I did not know there was any others going on
like that.
The Chairman. You knew what that department does out there?
Mr. GouRLEY. They had permission to patrol Belle Meade and
look after homes and residences out there.
The Chairman. And property, that is the same thing as looking
after a home, or looking after any other business, the same thing as
looking after this property, was it not? There was not a bit of
difference?
Mr. GoFRLEY. It is probably under the same category.
The Chairman. But you called the others off' ?
Mr. GouRLEY. No, sir.
The Chairman. Why did you single out this one and call it off ?
Mr. GoFRLEY. I just tliought it was the best thing to do.
The Chairman. Why did you think it ?
Mr. GoFRLEY. That was my better judgment.
The Chairman. That was your better judgment ?
Mr. GoFRLEY. Yes, sir.
The Chairman, Wliat was your worst ? You knew you called them
off to appease somebody, and who was it ?
Mr. GoFRLEY, No, sir ; I did not. There was no one approached me
on it at all.
The Chairman, No one at all ?
Mr. GoFELEY. No, sir.
The Chairman, How did you find out the guards were out there ?
Mr, GoFRLEY, There were a couple of deputies that went out to this
place, and I suppose they talked to someone, and th.ey called me about
that night and asked me to come out there, and I went out and sat
across the street about 30 minutes and watched them, and there was no
violence and nothing going on wrong, and I just tliought — —
7326 IMPROPER ACTIVITIES IN THE LABOR FIELD
The Chairman. There is no violence out here on this street right
now, and do you think the police ought to be called off ? That makes
sense, does it not ? It is about the silliest thing I ever heard.
Proceed, Mr. Kennedy.
Mr. Kennedy. According to the affidavit that we have from Mr.
Lucarini, you told him that teamster officials had been on your neck to
get these people out there and get these guards out of there.
Mr. GouRLEY. I don't remember making that statement.
Mr. Kennedy. According to Mr. Mozier, who also testified, he
testified to the same thing, and Mr. Comer testified to the same thing,
and these are three different witnesses who all testified to the fact that
you reported to them that there was pressure on you to get these people
out of there and get these guards out of there.
Mr. GouRLEY. I don't remember making that statement.
Mr. Kennedy. You made it, evidently, according to their sworn
testimony and the sworn affidavit ; you made it to three different indi-
viduals. You had a lot of trouble in that area, had you not ?
Mr, GouRLEY. No, sir.
Mr. Kennedy. You had not had a lot of trouble in Nashville area ?
Mr. GouRLEY. Not while I was there.
Mr. Kennedy. You had only been acting sheriff for a couple of
months ?
Mr. GouRLEY. That is right.
Mr. Kennedy. Hadn't you had a lot of trouble in that area with
the teamster violence ?
Mr. Gourley. I was not familiar with it.
Mr. Kennedy. What is that ?
Mr. GouRLEY. I was not familiar with it.
Mr. Kennedy. You were not familiar with it and you were acting
sheriff and you did not know what trouble or difficulties they were
having there ?
Mr. GouRLEY. They were not having any when I was there.
Mr. Kennedy. But you had only been sheriff for 2 months?
Mr. Gourley. That is the reason I was not familiar with it.
Mr. Kennedy. You did not find out what was going on there, Mr.
<jourley? You did not find out what had transpired in the past?
Mr. Gourley. That is the reason I didn't think there was any use
of those men going out there.
Mr. Kennedy. You just closed your eyes prior to the time that you
took office as sheriff ; is that right ?
Mr. Gourley. No.
Mr. Kennedy. Look at all of these acts of violence that took place
in 1953, 1954, and 1955 to the middle of 1956. There were more than
100 in the Nashville area. You did not know anything about it?
Mr. Gourley. I did not know anything going on in 1956. I knew
about the others. There wasn't any strike going on or any trouble
when I was in there.
Mr. Kennedy. You say you took over as acting sheriff and you
did not know about any of the acts of violence, although there had
been more than 100 in the prior 2 years, in the Nashville area, and you
did not know anything about that? And despite the testimony of
two witnesses and an affidavit of a third, that you took these guards
off because of union pressure, you deny that, too ?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7327
Mr. GouRLEY. I don't remember making that statement. It could
have been made in a conversation and not from the fact. I had not
had any pressure but I might have been anticipating some.
Mr. Kennedy. Why would you anticipate some ?
Mr. GouRLEY. There could have been some, like I had read about
m the past.
Mr. Kennedy. What is that ?
Mr. GouRLEY. The teamsters union, there could have been some
violence brought up and I was just working at what I thought was
the best thing to do.
Mr. Kennedy. It does not make any sense at all.
Senator Curtis. Do you know Perry Canaday ?
Mr. GouRLEY. No, sir.
Senator Curtis. Did you ever see him in your life ?
Mr. GouRLEY. Not that I know of.
Senator Curtis. Did you ever talk to him ?
Mr. GouRLEY. No, sir.
Senator Curtis. Did you ever receive a letter from him ?
Mr. GouRLEY. No, sir.
Senator Curtis. Did you ever have a telephone conversation with
him?
Mr. GouRLEY. No, sir.
Senator Curtis. Do you know Bobby Marston ?
Mr. GouRLEY. No, sir.
Senator Curtis. You never have seen him ?
Mr. GouRLEY. No, sir.
Senator Curtis. You never have had a talk with him by telephone or
otherwise ?
Mr. GouRLEY. No.
Senator Curtis. Do you know Sam Peters ?
Mr. GouELEY. No, sir.
Senator Curtis. You never have seen him or heard of him ?
Mr. GouRLEY. No, sir.
Senator Curtis. You never received a telephone conversation from
him?
Mr. GouRLEY. No, sir.
Senator Curtis. Do you know C. B. Richardson, sometimes known
as Shorty Richardson ?
Mr. GouRLEY. No, sir.
Senator Curtis. You never have seen him ?
Mr. GouRLEY. No, sir.
Senator Curtis. You never have talked to him ?
Mr. GouRLEY. No, sir.
Senator Curtis. You never had a telephone conversation with him ?
Mr. GouRLEY. No, sir.
Senator Curtis. Do you know Mr. Ed Smith ?
Mr. GouRLEY. No, sir.
Senator Curtis. Do you know what office he holds in the local
teamsters union ?
Mr. GouRLEY. No, sir.
Senator Curtis. You never have talked to him ?
Mr. GouRLEY. No, sir.
7328 IMPROPER ACTIVITIES EST THE LABOR FIELD
Senator Ctjrtis. You never have received any communication from
him whatsoever ?
Mr. GouRLEY. No, sir.
Senator Cuktis. Do you know Mr. W. A. Smith ?
Mr. GouELEY, No, sir.
Senator Curtis. Do you know a Smith referred to as "Hard of
Hearing Smitty" ?
Mr. GouRLEY. No, sir.
Senator Curtis. Did you ever hear of him ?
Mr. GouRLEY. I have seen in the papers in the last few days, I have
read something about him.
Senator Curtis. You have never seen him ?
Mr. GouRLEY. No, sir.
Senator Curtis. You never have had a conversation with him ?
Mr. GouRLEY. No, sir.
Senator Curtis. By telephone or otherwise ?
Mr. GouRLEY. No, sir.
Senator Curtis. Do you know Mr. Kalf G. Vaughn, also known as
"Red" Vaughn?
Mr. GouRLEY'. I believe I met him downstairs a few minutes ago.
I met someone down there. I believe that was his name.
Senator Curtis. You talked with somebody downstairs ?
Mr. GouRLEY. Just in the office down there and someone introduced
me to him.
Senator Curtis. T\^io introduced him to you ?
Mr. GouRLEY. I believe Mr. Cartwright. No ; I think he came up
and talked with me and I think Mr. McShane was there when he
came in. I think that was the man.
Senator Curtis. That was Sheriff Cartwright who introduced you?
]Mr. GouRLEY'. I don't know whether he came up. He came up
and shook hands with both of us and I didn't know who the man was
at the time.
Senator Curtis. That was in the committee office downstairs?
Mr. GouRLEY. That is right.
Senator Curtis. The sheriff introduced you to "Red" Vaughn?
Mr. GouRLEY. No; I don't think he introduced him. He ]ust came
up and shook hands with me and he told me when he was gone, that
that was his name.
Senator Curtis. Had you ever seen him before ?
Mr. GouRLEY'. Not to my knowledge ; no, sir.
Senator Curtis. Did you ever talk to him on the telephone?
Mr. Gourley^ No, sir.
Senator Curtis. You never received any communication from him
whatsoever?
Mr. Gourley. No, sir.
Senator Curtis. Do you know Mr. Don Vestal ?
Mr. Gourley. No, sir.
Senator Curtis. You never have seen him ?
Mr. Gourley. No, sir.
Senator Curtis. You never received a letter from him or a tele-
phone conversation ?
Mr. Gourley. No, sir.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7329
Senator Curtis. Do you know Mr. H. G. B. King, the attorney for
the teamsters union ?
Mr. GouRLEY. What is that name again ?
Senator Curtis. H. G. B. King.
Mr. GouRLEY. No, sir.
Senator Curtis Do you know any officers, agents or employees of
the teamsters union in the Nashville area ?
Mr. GouRLEY. I don't believe I know a one of them; no, sir.
Senator Curtis. With whom did you talk about this matter of
guards at the Wilson Trucking Co., before you proceeded to have the
guards withdrawn ?
Mr. GouRLEY. There were two deputies that worked with the
sheriff's office who were out at this place, and they were the only ones
I talked to.
Senator Curtis. What were their names?
Mr. GouRLEY. One of them was Thompson and the other was John-
son.
Senator Curtis. "Wliat is Thompson's first name ?
Mr. GouRLEY. George Thompson.
Senator Curtis. Wliere does he reside ?
Mr. GoTiTtLEY. He lives in Nashville. He works out of the sheriff's
office there.
Senator Curtis. He is still employed there ?
Mr. GouRLEY. I believe so.
Senator Curtis. What is Johnson's first name ?
Mr. GouRLEY. I believe it is L. E. Johnson,
Senator Curtis. Who else did you talk to about it ?
Mr. GouRLEY. No one.
Senator Curtis. Before you withdrew the guards.
Mr. GouREEY. No one.
Senator Curtis. Did anyone talk to you about it ?
Mr. GouRLEY. No, sir.
Senator Curtis. Did you receive any telephone conversation from
anyone with reference to this matter, prior to the time that you called
them off?
Mr. GouRLEY. No, sir.
Senator Cltrtis. Did you ever tell anybody that the teamsters
union Avanted them called off ?
Mr. GouRLEY. No, sir.
Senator Curtis. You did not tell Mr. Mozier that?
Mr. GouRLEY. I don't remember making that statement. He seems
to think that I did, and I could have.
Senator Cltitis. He says that you did.
Mr. GouRLEY. I don't remember making that statement and I don't
know why I should because I certainly had not had any contact with
them.
Senator CtTtTis. Did you make that statement to Mr. Lucarini ?
Mr. GouRLEY. Not that I know of. I don't remember if I did.
Senator Curtis. Did you make it to Mr. Comer?
Mr. GouRLEY. I still don't remember making it to anyone. I don't
see why I should have because there wasn't anyone who put any
pressure on me about it.
Senator Curtis. When you say you do not remember whether you
did or not, does that mean that you might have ?
7330 EVIPROPER ACTIVITIES EST THE LABOR FIELD
Mr. GouRLEY. It could have happened, but I certainly don't re-
member it and I don't know why I should. I hate to see three men
saying I did. If I did, I certainly don't remember it.
Senator Curtis. Do you mean to leave the impression that you
might have and you can't remember ?
Mr. GouELEY. I would rather not leave that impression; no, sir.
Senator Curtis. What is that ?
Mr. GouRLEY. I would rather not leave that impression.
Senator Curtis. In other words, you are standing on the state-
ment that the teamsters did not request or urge or insinuate ?
Mr. GouRLEY. Absolutely, yes, sir.
Senator Curtis. That those guards should be removed ?
Mr. GouRLEY. Yes, sir.
Senator Curtis. You think all three of these men are mistaken ?
Mr. GouRLEY. Sir ?
Senator Curtis. You think all three of these men are mistaken?
Mr. GouRLEY. Well, I know they are mistaken, from my point of
view. It did not happen, and I don't know why I should have said
that.
Senator Curtis. You realize they have said it under oath ?
Mr. GouRLEY. Yes, sir.
Senator Curtis. That is all.
Senator McNamara. How long have you been coroner ?
Mr. GouRLEY. Since the first part of 1955.
Senator McNamara. About 2 years ?
Mr. GouRLEY. Yes, sir.
Senator McNamara. Is this an elected office in your area?
Mr. GouRLEY. No, sir; it is an election from the county court and!
the county court elects the coroner.
Senator McNamara. You are elected by the county court ?
Mr. GouRLEY. Yes, sir, the county court; you are elected to the
county court by popular vote and the coimty court selects the coroner.
Senator McNamara. How many people enter into this selection?
Mr. GouRLEY. About 52 in the county.
Senator McNamara. They got together and elected you coroner?
Mr. GouRLEY. Well, I would not say "got together." They called
a meeting and they had to elect someone, and so they selected me.
Senator McNamara. This was not an appointive job? You are
actually elected by this group ?
Mr. GouRLEY. That is right.
Senator McNamara. Does your authority cover the city of Nash-
ville?
Mr. GouRLEY. It is Davidson County ; yes, sir.
Senator McNamara. You cover the entire county ?
Mr. GouRLEY. Yes, sir.
Senator McNamara. And that includes the city of Nashville?
Mr. GouRLEY. Yes, sir.
Senator McNamara. We have had some testimony here that the
police department in the city of Nashville seemed to break down in
many instances, particularly in reference to matters involving vio-
lence in labor disputes. Is it your impression that they did break
down?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7331
Mr. GouRLEY. I wouldn't know, sir.
Senator McNamara. Well now
Mr. GouRLEY. I don't know what you mean.
Senator McNamara. You are the sheriff and this area is under your
-control and under your authority and you should know.
Mr, GouRLEY. That was at that time, from March through August
of 1956.
Senator McNamara. You do not know whether the local police
authority broke down or not ?
Mr. GouRLEY. During tiiat particular period, as I remember it,
there was very little happening in tlie union affairs or teamster union
things.
Senator McNamara. You think it functioned properly, the police
-department in Nashville, that was under your jurisdiction in the
area ?
Mr. GouRLEY. The whole county was under the sheriff. However,
the city usually rim their part of it, and the sheriff runs the county
and they did not interfere with each other as a rule.
Senator McNamara. They do not interfere, but the theory of it, at
least, is when the local police department breaks down, you are sup-
posed to take over ; is that not right ?
Mr. GouRLEY. Yes.
Senator McNamara. But you did not feel that it broke down to
that extent ?
Mr. GouRLEY. No, sir.
Senator McNamara. You had no indication to move in there at all ?
Mr. GouRiiEY. No, sir.
Senator McNamara. All right ; that is all.
Senator Curtis. How many members are on there, on the county
court?
Mr. GouRLET. Fifty-two, I believe.
Senator Curtis. Do you know most of them ?
Mr. GouRLEY. Yes, I know them all.
Senator Curtis. And they are elected ?
Mr. GouRLEY. Yes, sir.
Senator Curtis. Are they elected by districts or by the entire
county ?
Mr. GouRLEY. Districts.
Senator Curtis. Did you ever have a conversation with any member
of the county court in reference to any matter relating to the team-
sters union ?
Mr. GouRLEY. No, sir.
]Mr. Kennedy. Was there a policy in the sheriff's office not to get
involved in labor disputes ?
Mr. GouRLEY. Well, I believe so, yes, sir.
Mr. Kennedy. And would that be the reason that these guards
were removed?
Mr. Gourley. I guess that would be about as good a reason as I
could think of.
Mr. Kennedy. Well, isn't that the reason ?
Mr. Gourley. I would think so, yes, sir.
The Chairman. Stand aside.
Call the next one.
7332 IMPROPER ACTIVITIES EST THE LABOR FIELD
Mr. Kennedy. Mr. Cartwright.
The Chairman. Do you solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth and nothing but the truth, so help you God ?
Mr. Cartright. I do.
TESTIMONY OF TOM D. CARTWRIGHT
The Chairman. State your name and your place of residence and
your business or occupation.
Mr. Cartwright. My name is Tom B. Cartwright ; I am sheriff of
Davidson County and I reside on Cleary Eoad, Davidson County.
The Chairman. Do you waive counsel ?
Mr. Cartwright. Yes, sir.
The Chairman. I did not get your occupation.
Mr. Cartwright. I am sheriff.
Mr. Kennedy. Mr. Chairman, I would like to say before we start
the interrogation of this witness that his reputation is very good
in the Nashville area.
You just took over as sheriff, I believe, during 1956, is that right?
Mr. Cartwright. September of 1956, yes.
Mr. Kennedy. You have been only in for a period of approximately
a year, is that right ?
Mr. Cartwright. That is right.
Mr. Kennedy. He has cooperated with the staff of the committee.
The Chairman. The committee expresses its appreciation to you,
sir, for your cooperation and the help you have given.
Mr. Kennedy. I want to ask you about the policy of the sheriff's
office regarding labor disputes, but specifically as far as the Belle
Meade Police Department. Was there any policy regarding their fur-
nishing guards to firms or companies that were involved in labor
disputes ? Has there been a policy ?
Mr. Cartwright. Yes, sir, there was a policy of my father who
I succeeded as sheriff when he expired, and that was to the effect to
not interfere in any labor difficulties unless there was violence. When
I campaigned for office, not only when I addressed labor groups,
but also management groups, I stated the same policy.
So far, it has been a pretty good one, since my term of office. We
haven't had any labor violence to speak of, as far as picket lines and
things of tliat nature.
Mr. Kennedy. But if a company wishes guards furnislied to them
because of the fact that they anticipate difficulties or anticipate vio-
lence, it has been the policy that you have followed, and the policy
that was followed by your predecessors, that you would not get in-
volved, is that right ?
Mr. Cartwright. That is correct. If they asked for guards before
any labor violence, or strikes, rather, or anything like that, of course
it was granted. After the deputies were on the premises, if there
should be labor trouble, we didn't — at least, I don't yank them off
right then.
Mr. Kennedy. You have had a great deal of difficulty in the
Nashville area, have you not, in the last 3 or 4 years regarding labor
violences ?
Mr. Cartwright. Yes, sir.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7333
Mr. Kennedy. Would you feel that possibly a good deal of that
could have been avoided 'if there had been greater police protection
for the firms, companies, individuals involved ?
Mr. Cartwkight. It might have been avoided, but by the same
token, I think possibly it might have encouraged more also.
Mr. Kennedy. What is the main reason, the primary reason, that
you do not furnish protection when labor unions are involved?
Mr. Cartwrigiit. Possibly, you might say, self-preservation. I
don't know.
Mr. Kennedy. Is that another word for politics ?
Mr. Cartwrigiit. Tliat would be one reason, yes, sir, and tlie other
reason would be for financial reasons. Any deputy sheriff, his actions,
of course, tlie sheriff is responsible for them. Even now I have three
law suits against me because of some actions of a deputy sheriff.
Mr. Kennedy. That would be a problem no matter what you did,
whether it was involving a labor union or otherwise ?
Mr. Cartwright. Yes, sir.
Mr. Kennedy. So that difficulty would always exist ?
Mr. Cartwright. That is right.
Mr. Kennedy. Would the primary reason be because of the politi-
cal difficulties ?
Mr. Cartwright. Up to a point, yes, sir.
Mr. Kennedy. If there was actual violence, then that would be
secondary ?
Mr. Cartwright. If there was actual violence, regardless of polit-
ical reasons or anything else, we would have to step in. I might say,
too, that we found this to be successful, we, meaning myself : When
there is a picket line, I send a lieutenant on each of my shifts to go out
and talk to pickets themselves and explain to them what we expect
and what we want. So far we have had very good cooperation.
Mr. Kennedy. That might have been true, of course, since you have
taken over.
Mr. Cartwright. That is all I can speak of.
Mr. Kennedy. But if the same type of policy was followed by your
predecessors for 3 or 4 years, it was not successful, because certainly
the record shows there was tremendous violence, with beatings, dyna-
mitings that have taken place in the Nashville area. It would seem
that a good deal of responsibility is the law enforcement agency.
Mr. Cartw^right. There is one thing that I would like to sort of
bring out that possibly a lot of people have overlooked. We have
about 10 times greater an area in the county than in the city and we
also have a larger population. We have about 14 or 15 men on a
shift. Our patrol is 60 men, and that includes everyone. The city
has approximately 360. We are sort of handicapped, not only on
manpower, but on experience, too.
Mr, Kennedy. Well, of course, the primary responsibility, as you
point out, is the police department of the city.
Mr. Cartwright. The city, do you mean ?
Mr. Kennedy. Within the city limits, certainly the primary respon-
sibility is the police department rather than the sheriff's office.
Mr. Cartwright. We have to do that almost because of physical
reasons.
Mr. Kennedy. That is all, Mr. Chairman.
7334 IMPROPER ACTIVITIES IN THE LABOR FIEILD
The Chairman. Are there any questions ?
All right, you may stand aside. Thank you.
The committee will stand in recess until 2 o'clock.
(Members of the select committee present at time of recess: Sen-
ators McClellan, McNamara, and Curtis, )
(Whereupon at 12 :05 p. m., the committee recessed to reconvene
at2p. m.,of thesameday. )
AFTERNOON SESSION
The Chairman. The committee will be in order.
(Committee members present upon reconvening for the afternoon
session ; Senatoi*s McClellan and McNamara.)
Mr. Kennedy. Mr. Chairman, we have some representatives here
from the municipality of Knoxville that requested permission to tes-
tify. They are here in the room. I would like to call them.
The Chairman. Are those the two who requested yesterday?
Mr. Kennedy. That is correct.
The Chairman. Have them come forward.
All of you come iq? and be sworn, please.
Do you and each of you solemnly swear that the evidence you shall
give before this Senate select committee will be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. Kjmsey. I do.
Mr. Swanner. I do.
Mr. Dyke. I do.
TESTIMONY OF JOSEPH KIMSEY, W. D. SWANNEE, AND ELMEE
DYKE
The Chairman. Gentlemen, each of you state your name, your place
of residence, and business or occupation for the record.
Mr. Dyke. Elmer Dyke, deputy police, Knoxville, Tenn.
Mr. Swanner. W. D. Swanner, lieutenant of police, Knoxville,
Tenn.
Mr. Kimsey. Joseph Kimsey, chief of police, Knoxville, Tenn.
The Chairman. Gentlemen, you are appearing here by request, is
that correct ?
Mr. IviMSEY. I am by request ; yes, sir.
The Chairman. I mean at your request.
Mr. Kimsey. My director asked me to come up here. My director
asked me to, the police commissioner.
The Chairman. You have not been subpenaed ?
Mr. Kimsey. No, sir.
The Chairman. Your presence was not requested by the committee.
You are, therefore, a voluntary witness before this committee.
Mr. Kimsey. Yes, sir ; I am.
The Chairman. Is that correct ?
Mr. Kimsey. Yes, sir.
The Chairman. You are appearing voluntarily before the com-
mittee ?
Mr. Dyke. Yes, sir.
The Chairman. Under the rules of this committee, if one is ag-
grieved by testimony that may have been given that he thinks may
IMPROPER ACTIVITIES IN THE LABOR FIELD 7335
reflect upon him, lie has the right to request to appear and make a
statement under oath to the committee. These gentlemen, as I under-
stand it, are on the police force in Knoxville, Tenn. We have had
some testimony before this committee that in my judgment, if true,
would reflect upon the efficiency and effectiveness of that police force.
So, gentlemen, the committee is very glad to welcome you. We will
hear whatever you may wish to say. "W^e will proceed.
Which one is the senior ?
Mr. KiMSEY. I am, sir.
The Chairman. You are who ?
Mr. KiMSEY. Joe Kimsey.
The Chairman. All right; we will hear you first, Mr. Kimsey.
Mr. Kimsey. Gentlemen, the way I understood it was that we had
heard some reflection from some witnesses up here in regard to our
investigating some cases of labor trouble in Knoxville. I just won-
dered if there was anything we could help you do, or any questions
that I might be able to answer. I brought two men with me that were
responsible for the investigation, who are immediately in charge
of the investigation. One of them is under the chief of detectives,
who is not here. I just wondered if there is anything you would
like to ask me, as chief of police, or the other two gentlemen, that
we might be able to help you on.
The Chairman. Is that the statement you wish to make?
Mr. Kimsey. Yes, sir.
The Chairman. Thank you very much.
AVliat is your statement ?
Mr. SwANNER. Senator, I noticed in the paper that there was some
question as to why William Reynolds, of the Knoxville teamsters,
was not arrested or questioned, or something to that effect. I want
to offer this as our reason for not doing so.
First of all, the only evidence that we obtained that Mr. Reynolds
was connected in any way with this thing w^as the fact that he was
an agent or an official in the teamsters union, and he appeared at
Mr. Powers' store the day before, I believe it was, and after a load
of Coca-Cola had been delivered there. The conversation that Mr.
Powers told me that passed between the two of them was that Mr.
Reynolds told him that he was Reynolds of the teamsters, and that
the teamsters were on strike, and requested or told him not to take
Coca-Colas. So Mr. Powers said that he was somewhat upset about
it, and became angry, and he said he told him he didn't need anybody
to tell him what he could put in his store.
Then Mr. Reynolds, according to Mr. Powers, said, "Well, now,
you may be sorry for that." In substance, that is what he said, or,
"We will get even," or something to that effect.
I asked Mr. Powers; I said, "Well, sir, do you consider that a
threat?" To which Mr. Powers said, "I don't know whether he
meant it for a threat or whether he intended it to mean that some
of the people in the neighborhood might stop trading with my store."
So this, as I said, was the evidence that we had that Mr. Reynolds
was connected, if there was any connection, with the blast.
The reason we didn't arrest Reynolds and question him was because
of this fact. We had no other evidence at that time to connect him
with the blast. We had no one, a witness or othei-wise, who saw him
89330— 58— pt. 18 19
7336 IMPROPER ACnVITIEIS EST THE LABOR FIEIiD
at the scene. At least, we never found any such witness. So, we
thought it was better not to apprehend Mr. Keynolds or to intervene
at that time, because we wouldn't have had anything to talk to him
about.
Just the fact that we brought him down to question him, we could
only ask him, "Did you talk to Mr. Powers," and "Where were you on
the night of the blast?"
In investigative procedure, you have to have more than that to ques-
tion a person. That is, if you do a good job of it. If you want to
lead him to believe, you have to have something to put before him.
In other words, if he was in the vicinity, if he was carrying a package,
or someone got his license number, if those things could be placed
before him, then he realizes that we do have evidence and perhaps we
will get information that way. That was one reason.
The other reason was that I went to the attorney general of Knox
County, Mr. Hal Clements, and I explained to him about the wit-
nesses, Hargis and Chapman, and what they told me. He called the
attorney general in Nashville and tried to arrange for us to go over
with these witnesses to interview Mr. Smith and the other man. Bel-
cher. But, some way or other, that didn't work out.
Then, later, I talked with tlie special prosecutor that was hired in
the case, a prominent Knoxville lawyer, and arranged for these wit-
nesses, Hargis and Chapman, to be there in his office. Mr. Hargis
came up to his office and the special prosecutor questioned him and
talked with him for about 35 or 40 minutes, maybe longer. Then I
told the special prosecutor what ISIr. Chapman had said, in asmuch as
Mr. Chapman was not there himself.
With the information I furnished him, I later asked if he thought
we had enough to make an arrest, and he said he didn't think so.
That is, in substance, why, at this time — we kept hoping that with
$14,000 reward posted, I believe that was the amount, though it kept
increasing — this started out with $5,000, I believe, and they kept
upping it until they got up to $14,000. I believe, in total — we hoped
that that would bring in some witness or someone that could connect
the thing, put in the final link that we needed, which never appeared.
We never found that witness.
Also, I might say in that connection that we had telephone calls.
Apparently someone was anticipating who we M^ere going to talk to
and they would call in advance and have some conversation with the
person. Of course, they were anonymous calls. They would never
tell who they were. They would advise them not to talk to the police
department. So we had difficulties like that. I don't know how many
cases like that happened, but we certainly had one that I know of, and
there may be others that people never told us about. But, in sub-
stance, that is why Mr. Reynolds was never brouglit in.
Of course, the other reason was if we had brought him in, and had
to release him without charges, there was the possibility of civil action
in the way of false imprisonment which might have resulted, in which
case the officer would have had to foot the bill. The city does not
supply funds for suits of that kind. In the event we would have won
the case, we would still have had to hire lawyers, and court reporters,
and transcripts and so forth, and then possibly appeals through the
court of appeals and the Supreme Court. That was the other reason.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7337
With regard to Mrs. Freels, who was, I believe, a stenographer at
the teamsters union, we interviewed her, Captain Harry Pluskison
and Mr. George Hunter, of the Purity Packing Co., and myself. I
asked Mrs. Freels if she was willing to testify as to what she knew
about it, and she said she was not, that she didn't want to get mixed
up in it. So we played on her. We told her that there was this large
reward, and that it would well compensate for the trouble we knew
she had to go to, but she still insisted she didn't want to be mixed
up in it.
Then I said to her, I said, "Mrs. Freels, if you won't tell us, if you
won't be a witness, will you talk to us confidentially, on a confidential
basis" hoping, of course, that we would obtain some information that
way which would lead us to something else.
She said, "I will, on a confidential basis."
She did. She told us about Keynolds and Mr. Payne discussing
some dynamite. I believe Payne asked Keynolds what he got that
$50 for, and Reynolds said, "You must be losing your mind, or you
can't remember anything. That was for that dynamite I bought."
That was about the substance of what Mrs. Freels said.
The Chairman. Did she tell you about him calling Smith and get-
ting him down there ?
Mr. SwANNER. I beg your pardon, sir ?
The Chairman. Did she tell you about them calling Smith up in
Nashville and getting him down there ?
Mr. SwANNER. She said that Smith and Reynolds both, when they
had a job in Knoxville, Smith would come over to Knoxville. She
didn't know whether he did the job or not, of course. But she said
he would show up around Knoxville.
The Chairman. But the job was always done?
Mr. SwANNER. The job was nearly always done.
Mr. Kennedy. Did she refuse to testify or just say that she didn't
want to testify ? She didn't actually refuse to testify ?
Mr. SwANNER. She told me at the time, she said, "I am sick." I be-
lieve she said she had been in the hospital. I am not positive, but she
said she was ill, and was just recuperating, and wasn't feeling very
well.
As I recall, she said, "I don't want to get mixed up in it." That was
the words she said.
The Chairman. Do you always excuse witnesses when they say they
would rather not testify ? Is that all it takes ?
Mr. Swanner. No, sir. But she wouldn't talk. She told us she
wouldn't.
(At this point Senator Curtis entered the hearing room.)
The Chairman. A witness may say they won't talk, but you have
ways of subpenaing them before a grand jury, don't you, and giving
them an opportunity to talk there or being subpenaed before a court?
Mr. Swanner. Yes, sir. But I thouglit she would give us some
leads or something.
The Chairman. She did give you some leads ?
Mr. Swanner. That is true.
The Chairman. Did you check up on the dynamite ?
Mr. Swanner. Yes, sir.
The Chairman. Where did he buy it ?
7338 IMPROPER ACTIVITIES IN THE LABOR FIELD
Mr. SwANNER. I don't know.
The Chairman. Where did you check ?
Mr. SwANNER. The dynamite we thought was 60 percent nitro
manufactured by Austin. We based that on the conclusion of evi-
dence we found at Bush Bros. Packing Co. at Chestnut Hill, Tenn.,
where there was 50 sticks of dynamite that failed to explode.
The Chairman. When did this dynamiting occur?
Mr. SwANNER. Chestnut Hills ? That was September 1, 1956.
The Chairman. Is that the dynamiting of Powers' store, September
1,1956?
Mr. SwANNER. No, sir. That was the Bush Bros. Canning Co. at
Chestnut Hill, Tenn.
The Chairman. When was the store dynamited ?
Mr. SwANNER. The 6th of September.
The Chairman. The 6th of September 1956 ?
Mr. SwANNER. Yes, sir.
The Chairman. How many grand juries have you had in session
since then ?
Mr. SwANNER. I don't recall, sir. I believe there are three sessions
during the term.
The Chairman. Sir?
Mr. SwANNER. I believe they have three sessions of the grand jury
in each year— calendar year.
The Chairman. Well, you had at least three grand juries since
then, haven't you ?
Mr. Swanner. Yes, sir.
The Chairman. Have you ever had Smith before the grand jury
to explain what he was doing down there at that time ?
Mr. Swanner. I presented that, sir, to the attorney general. He
would have the authority to bring Smith in, or subpena him.
The Chairman. Then who do you blame for not doing it? The
attorney general ?
Mr. Swanner. No, sir. I don't blame anyone.
The Chairman. You think it is all right ?
Mr. Swanner. I did my job the best I could, I thought.
The Chairman. All right.
Do you have a statement ?
Mr. Dyke. Yes, sir. My statement is in regard to the bombing of
Powers.
Mr. Kennedy. Before you proceed, I have another question.
Did you write up Mrs. Freels' interview ?
Mr. Swanner. She wouldn't sign any statement. I took down
some notes.
Mr. Kennedy. Did you ever make a memorandum for the file?
Mr. Swanner. No ; 1 did not.
Mr. Kennedy. So the information which she gave you which might
pertain to cases other policemen were working on was not available
to them ?
Mr. Swanner. She requested it be made confidential and that is the
way I made it.
Mr. Kennedy. Don't you have an arrangement in the police de-
partment where you say the informant is confidential, but you give
the information so that it is available to your fellow police officers?
IMPROPER ACTIVITIES IN THE LABOR FIELD 7339
Mr. SwANNER. No. Confidential information of that type I always
keep with me in my own file.
Mr. Kennedy. She didn't refuse to give it, did she ? She just said
she would rather not get involved. She did not refuse ?
Mr. SwANNER. She said she would rather not get involved. She
said she was sick, didn't feel well, and she was scared.
Mr. IvENNEDT. That was enough for you not to follow up or not
even write a memorandum?
Mr. SwANNER. I had a memorandum.
Mr. Kennedy. Just for yourself ?
Mr. SwANNER. Yes, sir.
Mr. Kennedy. But nobody else ?
Mr. Swanner. No, sir; because it was a confidential thing, and I
treated it as such.
Mr. Kennedy. W. A. Smith was identified by two people as being
at the scene of the dynamiting just prior to the dynamiting taking
place. Did you interview W. A. Smith ?
Mr. Swanner. No, sir. We tried to make arrangement. As I said
before, we went to the attorney general and presented the thing, and
he tried through Mr. Carlton Loser, then attorney general of David-
son County, to arrange a meeting, and such arrangement was never
made.
Mr. Kennedy. So for some reason down there, W. A. Smith, who
was identified at the scene of the dynamiting, was never interviewed
by any police official or law-enforcement agency? That is, in con-
nection with this dynamiting.
Mr. Swanner. Mr. Kennedy, he doesn't live in our political juris-
diction. We live in Knox County. Davidson County is 198 miles
west. Of course, we have no authority in Davidson County at all, no
more than any private citizen. We had to rely on whatever lielp we
could get from the Davidson County authorities.
The Chairman. Did they refuse to help you ?
Mr. Swanner. Sir, I can't answer that. I didn't talk to him. Mr.
Clements, the attorney general, talked to them on the telephone long
distance.
The Chairman. You mean a man who goes from one county to
another in Tennessee is just immune ?
Mr. Swanner. No, sir.
The (^HAiRMAN. I don't understand it.
Mr. Swanner. I mean that in order to make an arrest, an officer
in another county has to have a warrant. Some one has to swear out
a warrant for him and transmit the warrant to that particular locality
where the warrant can be served.
Mr. Kennedy. Did you make any arrangements to have that done ?
Mr. Swanner. I left it up to tlie attorney general.
Mr. Kennedy. Do you think W. A. Smith should have been inter-
viewed, that it should have been followed up ?
Mr. Swanner. I think Smith should have been brought down and
we should have had an opportunity for these witnesses to look at
him. That is what we wanted to do.
Mr. Kennedy. Do you think somebody made an error in judg-
ment or something wors^ than that, by the fact that you were not
allowed to follow up ?
7340 IMPROPER ACTIVITIES I]Sr THE LABOR FIEILD
Mr. SwANNER. I don't want to condemn anyone else for anything
they do.
Mr. Kennedy. There is something wrong in tlie handling of the case
if you were not allowed to confront W. A. Smith; is that right?
Would you say that is right ?
Mr. SwANNER. I don't know what reasons they had in Davidson
County because Attorney General Clements didn't know, I don't think.
Mr. Kennedy. Somewhere there was an error made. Somebody
did not follow up this matter completely, isn't that right?
Mr. Swanner. As far as I am concerned, I think I did the best
I could.
Mr. Kennedy. I am not talking just about you. Isn't it true that
somebody somewhere did not follow up this case as it should have
been followed up ?
Mr. Swanner. It seems that may have been true ; yes, sir.
Mr. Kennedy. People in the store at the time Mr. Keynolds and
Mr. Powers had this discussion, were the rest of the people in that
store interviewed ?
Mr. Swanner. I wish you would repeat that, sir.
Mr. Kennedy. Were the people that were present in the store at
the time Mr. Reynolds and Mr. Powers had this altercation inter-
viewed ?
Mr. Swanner. No. The only one I talked to about that was Mr.
Powers, and he told me what happened. I had no reason in the world
to doubt what he said.
Mr. Kennedy. But anybody else that was present during this dis-
cussion was not interviewed ; is that right ?
Mr. Swanner. Not that I recall, sir.
The Chairman. All right. Captain Dyke.
Mr. Dyke. The only thing I would like to say is in regard to the
night that Mr. Powers was bombed out there, dynamite thrown in
front of it. I went out there with a crew of men, a squad of men,
and saw Mr. Powers at the door. I asked him what had happened,
and he wanted to Imow was my name Elmer Dyke. I told him "Yes,"
it was. He cursed and walked back in the store. He told me to get
away from there. I followed him back in the store and tried to
ask him again about the matter, and he cursed me viciously and
ordered me to leave and take the officers with me. That is the kind of
cooperation we got from Mr. Powers.
Mr. Kennedy. Was that the end of the matter, or did he talk to
those police officers at a later time.
Mr. Dyke. He didn't talk to any police officer while I was there
except Officer Lopetti and Officer Swanner.
Mr. Kennedy. Did he talk to Officer Swanner ?
Mr. Dyke. That I couldn't say.
Mr. Kennedy. You don't know whether he was interviewed again
later by Officer Swanner ?
Mr. Dyke. I don't know anything about that.
Mr. Kennedy. All he said was that he wouldn't talk to you ?
Mr. Dyke. He ordered me personally from the premises.
Mr. Kennedy. Possibly he would talk to other police officers or
other police officials, but he would not talk to you; isn't that possible?
Mr. Dyke. That may be so, but he ordered me to leave and take all
my men.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7341
Mr. Kennedy. Was there anything between you and Mr. Powers ?
Mr. Dyke. As far as I was concerned there wasn't anything. I had
arrested his son.
Mr. Kennedy. You arrested his son ?
Mr. Dyke. Yes, sir.
Mr. Kennedy. Had he felt rather bitterly about that ?
Mr. Dyke. Yes, sir.
Mr. Kennedy. Then it would be very possible that the man that
arrested his son he did not want to be in charge of the investigation
in this case.
Mr. Dyke. I was an officer out to answer the call.
Mr. Kennedy. I understand that, but as I understand the record,
from his testimony, and as I understand Mr. Swanner's testimony, he
gave full cooperation after that. He was interviewed and furnished
the witnesses to Mr. Swanner and gave his help and assistance but he
did not want to talk to you because he felt that his son had been
wronged and you had been responsible. I am not getting into the
merits of that one way or another. You came up and volunteered to
appear. As I understand, that is the background of the situation; is
it not?
Mr. Dyke. I was there before Lieutenant Swanner arrived. If he
had cooperated with us a little more fully, it is entirely possibly
Mr. Kennedy. He did cooperate, I understand. He cooperated and
full interviews were conducted. They came back and saw him again.
You don't have any information to the contrary; do you?
Mr. Dyke. Not about that part. I am talking about my part.
Mr. Kennedy. The only part you know anything about is what he
felt about you personally ?
Mr. Dyke. And my entire squad of men that I had out there, some
15 or 16 men.
The Chairman. Are there any questions ?
Senator McNamara. Yes ; I have a question or two. I would like
to ask the lieutenant a question. Did anyone make any charges or
request the arrest of Mr. Reynolds ?
Mr. Swanner. I wish you would restate your question, please, sir.
Senator McNamara. 1 can't hear you.
Mr. Swanner. I wish you would restate the question, please, sir.
Senator McNamara. Did anybody make any charges or request the
arrest of Mr. Reynolds to you or to your department ?
Mr. Swanner. No, sir.
Senator McNamara. Nobody asked you, nobody said they would
sign a warrant for his arrest ?
Mr. Swanner. No, sir ; not to me they didn't.
Senator McNamara. How about Mr. Smith ?
Mr. Swanner. Mr. Smith?
Senator McNamara. Did anybody make a request of you that he be
arrested and they would make charges and sign a warrant ?
Mr. Swanner. As I said, I took that to the attorney general and
he tried to arrange the
Senator McNamara. Aside from the attorney general, were you
requested in your position as a lieutenant of the police department, to
arrest either Mr. Reynolds or Mr. Smith by some citizen who said he
would file charges and follow it up, and sign a warrant?
Mr. Swanner. Not that I recall ; no, sir.
7342 IMPROPER ACTIVITIES IN THE LABOR FIELD
Senator McNamara. Then the answer is "No," you were not re-
quested ?
Mr. SwAXNER. I don't recall anybody.
Senator McNamara, Wouldn't you recall it now in the light of the
developments ? Don't you think you would recall if somebody wanted
to swear out a warrant for his arrest, whether you cooperated or
didn't ? Wouldn't you know that ?
Mr. SwANNER. Well, sir, there were so many things happening dur-
ing that time, and so many complaints came in, and so many types and
so forth, that we checked out, there could have been somebody that
asked, but I don't recall it.
As I said, I carried this information to the special prosecutor who I
assume was hired by either somebody interested in the case, and he had
full facts and full information in regard to the thing. I laid it before
him. I assume that if he wanted a warrant, he had the facts before
him to get it, and to tell his client, whoever he was, what they were.
Senator McNamara. You never had that request from anybody that
you recall ? You probably recall it
Mr. SwANNER. I don't recall anybody. There could have been, but
I don't recall.
Senator McNamara. That is all.
The Chairman. Are there any questions. Senator Curtis ?
Senator Curtis. No, Mr. Chairman.
Mr. Kennedy. As I understand it, there were some statements made
regarding the arrests in the Knoxville area.
Mr. KiMSET. Yes, sir. I would say in my 30 years I couldn't be
positive about that, but there have been around 100 in different
strikes. We have never refused. I have always sent police out to
guard the places, around the manufacturing company and other
places. Where they expect trouble and they call me, I immediately
put them out there.
Mr. Kennedy. I believe you had 4 in 1956.
Mr. KiMSEY. Yes, sir; the record shows four then. I recall four of
them.
Mr. Kennedy. Four in 1950 ?
Mr. Dyke. Tliat was four dynamitings.
Mr. Kennedy. Were any of those teamsters ?
Mr. KiMSEY. No, sir ; 2 of them telephone employees and 1 of them
was 2 brickmasons.
Mr. Kennedy. We had connected with the teamsters in the Knox-
ville area, just looking at the chart, some 15 acts of violence in the
Knoxville area, including 4 dynamitings. Were any arrests made in
connection with those, in 1956 ?
Mr. KiMSEY. Not to my knowledge, no, sir.
Captain Huskison and Lieutenant Swanner was assigned by the
chief of detectives in the detective bureau on the dynamiting cases.
They worked on it for some time diligently. They were out of town
several times.
Mr. Kennedy. Four of them are dynamitings and there were
sirupings of trucks and shootings, and window breakings. Were
there any arrests in connection with any of those ?
Mr. KiMSEY. I believe just two of those were inside the city in our
jurisdiction.
IMPROPER ACTIVITIES IN THE LABOR FIEiLD 7343
Mr. Kennedy. Are those four arrests that you included in 1956 all
-within the jurisdiction of Knoxville?
Mr. KiMSEY. She just handed me
Mr, Kennedy. Did your people make all the arrests of those four?
Mr. KiMSEY. Two of them I am sure of, and I think we just assisted
in two of them.
Mr. Kennedy. Were they in the city of Knoxville.
Mr. KiMSEY. Yes, sir.
Mr. Kennedy. Could I see them, please ?
(Documents handed to committee counsel.)
Mr. Kennedy. I see the first one the subjects were apprehended by
the special agent for the Southern Railway and Tennessee Highway
Patrol.
Mr. KiMSEY. That was outside the city, too.
Mr. Kennedy. So 1 of these 4 was outside the city ?
Mr. KiMSEY. Yes, sir.
Mr. Dyke. That was a shooting.
Mr. Kennedy. And then this next one is arrested by the sheriff's
office?
Mr. KiMSEY. We were in on that one, that was within the city.
That was a telephone strike.
Mr. Kennedy. And the next 2 are what ?
Mr. KiMSEY. We furnished the evidence in that arrest there, in the
telephone strike, part of a dynamiting in connection with a telephone
pole,
Mr. Kennedy. These other acts of violence in 1956 were in the
Knoxville area, and whether they were right in the city or in the
surrounding area I don't know ?
Mr. KiMSEY. That is about 50 or 60 miles from there, the one he
is talking about, but those 2, Powers and the freight lines, were
right in the city and so was the telephone company.
The Chairman, Thank you very much, gentlemen,
Mr, Dyke, I woulld like to say before we go, we have been sent
out on a lot of labor troubles down there, and we have sent men out,
and they are sent out with this idea in mind, that if there is a violation
of the law, we will arrest regardless of who they are. We have been
charged by the teamsters, and by other organizations down there with
being strike breakers, and being "Joe Kimsey's Kossacks," and Joe
Kimsey's strong men to break strikes and so on. That is not true
either, but we are out there trying to do a job.
The Chairman. The Chair speaks only for himself, gentlemen. I
know that law-enforceemnt officers have a tough job. I know some-
times they are criticized unjustly. I also know that there are instances
where law-enforcement officers don't pursue these matters with dili-
gence, and vigilance.
You have a bad situation down there, apparently, from the testi-
mony we have heard here. It is not a wholesome condition at all.
It ought to be cleaned up. We are trying to help you, and we are
ti-ying to get the information up here.
You say you cannot get it, and they do not want to testify. Now we
have had them up here and had them testify. It is a matter of record,
and it is sworn testimony, and I think by the time these hearings are
through, you folks will find a way to get some of this cleaned up, at
least.
7344 IMPROPER ACTIVITIES DST THE LABOR FIEILD
I believe that your people down there want it cleaned up. It
should be, and I hope we have been helpful to you.
Mr. KiMSEY. I think you have, Mr. Chairman, and I am sure it will
help us, and I know the police department wants it cleaned up, but
our department is, you might say, a little country department, and we
have demands on us, and no money and no equipment.
Where 2 men can go out on a case like the FBI that Mr. S wanner
used to be a member of, they can be assigned on it, and we take 4 or 5
cases a day.
The Chairman. You have enough. You can get that fellow Smith
down there before a grand jury, and if you have a district attorney
that knows how to prosecute a case, get these witnesses in there, and
you will have a case before you get through, in my opinion.
Then you can submit it to a jury, a petit jury and if the man is
guilty he will go where he belongs.
Thank you very much.
Mr. KiMSEY. Thank you, gentlemen.
The Chairman. Call the next witness.
Mr. Kennedy. Mr. Harold Winslow.
^ The Chairman. Do you solemnly swear that the evidence you shall
give before this Senate select committee shall be the truth, the whole
truth, and nothing but the truth, so help you God ?
Mr. WiNSLOw. I do.
TESTIMONY OF HAROLD A. WINSLOW
The Chairman. State your name, your place of residence, and your
business or occupation.
Mr. Winslow. My name is Harold A. Winslow, I live at 611 South
Ninth, Nashville, and I am employed by Eobert Hughes, who is a
truck driver.
The Chairman. Do you waive counsel ? Do you ?
Mr. Winslow. What do you say ?
The Chairman. Do you waive the right of an attorney to be pres-
ent representing you, while you are testifying ?
Mr. Winslow. That is right.
The Chairman. Thank you.
Mr. Kennedy. You were working from August 3 to August 12,
1955, as a truckdriver, with the Keith Simmons Co., and at that time
the teamsters were attempting to organize the company ?
Mr. Winslow. That is right.
Mr. Kennedy. Now, did you have any difficulty with the teamsters
or any teamster officials prior to August 12, 1955 ?
Mr. Winslow. No. I was hired by that company before they were
starting to organize. Unbeknownst to me, Mr. Gregory called me to
go to work out there, you see, well, I asked him if there was any labor
trouble or any danger, and he said no, there were just a few on strike.
So I went ahead and I went to work as a truckdriver.
Mr. Kennedy. Did you have any difficulty, or did any of the team-
ster officials or representatives say anything to you when you were
driving a truck ?
Mr. Winslow. No ; none of them said anything to me. Of course,
they had their picket line, and they would on the morning, they would
IMPROPER ACTIVITIES IN THE! LABOR FIELD 7345
holler "scab," or "yellow," or something like that, or say insulting re-
marks even as I went in, and on the road.
Mr. Kennedy. They followed you on the road ?
Mr. WiNSLOW. Yes ; they did.
Mr. Kennedy. Wlio was doing that ?
Mr. WiNSLOW. Well, it was some of them, representatives of the
union.
Mr. Kennedy. You did not know their names ?
Mr. "VViNSLOW. I recognized some of them here today.
The Chairman. You recognize some of them here today ?
Mr. WiNSLOW. Well, the ones that called me scab, and said insulting
remarks, and all of that.
The Chairman. They are present here ?
Mr. WiNSLOW. They are present here today.
The Chairman. I see. Maybe we will get to them directly.
Mr. Kennedy. Now, on August 12, did any of these individuals
attack you ?
Mr. WiNSLOW. Well, I don't recall whether that was August 12.
Mr. Kennedy. On or about August 12.
Mr. WiNSLOw. It was around August or September, around that
date.
Mr. Kennedy. Or the middle of August ?
Mr. WiNSLOW. I was attacked and, in fact, beat up, and knocked out
for a little bit.
Mr. Kennedy. What has been your career? You wrestled for a
while yourself ; did you ?
Mr. WiNSLOW. Yes, sir ; I did.
Mr. Kennedy. You can usually take care of yourself pretty well?
Mr. WiNSLow. Pretty well, and I used to do a lot of wrestling and
I am a pretty good-sized man.
Mr. Kennedy. How much do you weigh ?
Mr. WiNSLOw. I weigh approximately 300 now, but at that time
I didn't weigh quite that much.
Mr. Kennedy. How much do you weigh when you are in shape ?
Mr. WiNSLOW. Wlien I was in shape, I weighed about 287. My
neck size is 20 and I used to do a lot of wrestling, but now I am 50
years old, and I can't do that.
Mr. Kennedy. Where did you used to wrestle ?
Mr. WiNSLOW. Back in about 1927 and 1928.
Mr. Kennedy. Professionally ?
Mr. WiNSLOW. Well, no, just amateur,
Mr. Kennedy. Whereabouts, in what area ?
Mr. WiNSLOW. Carnivals, mostly; shows and carnivals; I didn't
make any public appearances, that is just sort of amateur, you know.
Mr. Kennedy. You got paid a little for doing it ?
Mr. WiNSLOW. Yes.
Mr. Kennedy. So on or about August 12, 1955, you were assaulted,
you say ?
Mr. Winslow. Yes.
Mr. Kennedy. Would you tell us exactly what happened to you ?
Mr. WiNSLOW. Well, one afternoon I was delivering some hardware
over to one of the truck terminal docks ; I had my bills out looking at
them.
7346 IMPROPER ACTIVITIES IN^ THE LABOR PIEILD
Mr. Kennedy. You can stand up if you want to show how you do it.
Mr. WiNSLOw. I had my bills looking at them this way and some-
body walked behind me and the first thing I knew I was slugged.
Mr. Kennedy. What did you do ?
Mr. WiNSLOw. I went over against the truck and I did not go down
but I fell over against the truck.
Mr. Kennedy. What did he hit you with ?
Mr. WiNSLOW. I don't know whetlier it was knucks or fist, or club
or what, but it was an awful hard holt. It was right behind the ear.
It was two fellows up there in a car and they were sitting out front.
When I came to, they were there, too.
Mr. Kennedy. When you recovered consciousness ?
Mr. Winslow. A^VHien I recovered consciousness there were about
three of them there but the one who did the slugging, I can't seem to
recall him, but if I would ever meet him, I would knoAv who he was.
Those two fellows who brought him out there would probal)ly Imow.
Mr. Kennedy. Did you report this to the police?
Mr. WiNSLOw. Yes, sir ; I reported it to the police.
Mr. Kennedy. Just to go back, did they hit you, these other two
men joined in the hitting?
Mr. Winslow. They joined in a little bit.
Mr. Kennedy. They hit you around the face?
Mr. WiNSLOw. Not too much in the face but chest and my back.
Mr. Kennedy. What did you do ?
Mr. Winslow. Well, I was trying to defend myself.
Mr. Kennedy. Were you able to ?
Mr. WiNSLOw. Yes, I began to straighten up and I was able to and
I jerked and ran. I jerked away and they had three of them around
me and one of them started running, was hollering and, of course,
nobody was there to see me but he grabbed me by the pants and I
jerked away from him and so I got away, and they got in a car and
got away, but I didn't get the license number and I didn't have any
gun, or no club or nothing to defend myself.
Mr. Kennedy. But you reported it?
Mr. Winslow. If I run across the guy that slugged me, he is mine.
Mr. Kennedy. Did they kick you, also?
Mr. Winslow. Yes ; I think they did.
Mr. Kennedy. Do you still have scars from that ?
Mr. Winslow. I have got a place on my leg where it must have
busted a blood vessel and they probably kicked me and it has never
healed up.
Mr. Kennedy. It is still inflamed ?
Mr. Winslow. It is scarred.
The Chairman. When did this happen ?
Mr. Winslow. That was I would say, it was in the fall of 1955.
The Chairman. Was anyone ever arrested ?
Mr. Winslow. I don't think so. They swore out warrants, John
Doe warrants, but I don't think anybody was ever picked up.
The Chairman. Do you know the two men ?
Mr. Winslow. I could recognize the two, I think, that brought tlie
man over there that slugged me. I believe I could.
Mr. Kennedy. You could recognize them ?
Mr. Winslow. Yes, sir.
IMPROPER ACTIVITIES IN THE LABOR FIELD 7347
The Chairman. Have you ever seen them since ?
Mr. WiNSLOw. Since then ? No ; I don't recall ; no.
The Chairman. Not that yon recall ?
Mr. WiNSLOw. I saw them before.
The Chairman. You had seen them before?
Mr. WiNSLOw. Yes, but I don't believe in this business of going
around and trying to see people.
The Chairman. I thought you were looking for the guy who
slugged you.
Mr. WiNSLOw. Those two people Avho brought him out there, they
were not the ones.
The Chairman. Have you inquired of them who he was ?
Mr. Winslow. No, I never did talk to them.
The Chairman. You never did talk to them ?
Mr. Winslow. No.
The Chairman. They must have pretty well convinced you.
All right, go ahead.
Mr. Kennedy. No arrests were made? Did the police question you
or show you any pictures ?
Mr. Winslow. The police — we went around and I don't think they
were police, but they were plainclothes men, or maybe police, too, I
guess. We went around by the union hall me and another boy who
was assaulted the same afternoon and I don't know who he was, and
he was another truckdriver. But we went around the building and
we identified the car, but there wasn't anyone in it.
Mr. Kennedy. That was in front of the teamster headquarters ?
Mr. Winslow. Yes, sir.
Mr. Kennedy. And you were able to identify these people as the
same people that had been harassing you while you were driving the
truck in the prior 10 days or 2 weeks ?
Mr. Winslow. Two of them, yes, but the one that slugged me, no.
Mr. Kennedy. Did they ever show you the pictures of anyone ?
Mr. Winslow. Who?
Mr. Kennedy. Did the police ?
Mr. Winslow. Not the police.
Mr. Kennedy. To see if you could identify the people that slugged
you?
Mr. Winslow. No, the police never had any pictures.
Mr. Kennedy. No arrests were ever made ?
Mr. Winslow. None of the officers that were there that I dealt with.
Mr. Kennedy. Could you go in the audience and could you pick out
the 2 or 3 people that assaulted you that day ?
Mr. Winslow. Two of the three, yes.
Mr. Kennedy. You did not see the one that hit you from the back,
did you ?
Mr. Winslow. No.
Mr. Kennedy. You saw the ones that hit you from tlie front, did you
not ? Could you go and pick them out ? You can step up and walk
out.
(The witness went to the audience.)
Mr. Winslow. It is this fellow here and this one over here.
The Chairman. Have those two people come around, and identify
them.
7348 IMPROPER AdwrriEis n^ the labor field
Mr. Kennedy. Would you go up there and identify them ?
The Chairivian. You two gentlemen may sit down right behind the
witness.
Mr. Winslow, are these the two men ?
Mr. Winslow. Those were the two I saw in the car.
The Chairman. Did they get out of the car ?
Mr. Winslow. Yes, sir.
The Chairman. They got out of the car ?
Mr. Winslow. Yes, sir.
The Chairman. Are you still afraid of them ?
Mr. Winslow. They didn't do too much to me.
The Chairman. The other fellow had already done plenty ?
Mr. Winslow. Yes, sir, the other fellow did.
The Chairman. Did they participate in it ?
Mr. Winslow. They participated.
The Chairman. Do you know their names ?
Mr. Winslow. Not exactly, no.
The Chairman. Do you know nearly ?
Mr. Winslow. I think Smith and Vaughn.
The Chairman. One is named Smith and one is named Vaughn.
Which one is named Smith ?
Mr. Winslow. With the red hair.
The Chairman. Which one is named Smith ?
Mr. Winslow. Wait a minute, now, the one with the red hair is
Vaughn.
The Chairman. That is Vaughn; and what is the other one?
Mr. Winslow. Smith, I think his name is Smith, I believe.
Mr. Kennedy. You left your job after this, after you got beaten up
this time ?
Mr. Winslow. Yes, I didn't want to bother the boys if they were
organizing and I didn't want no trouble whatsoever, and I was not
on either side.
Mr. Kennedy. You did not want to participate.
Mr. Winslow. I did not want to participate.
Mr. Kennedy. In this business again.
Mr. Winslow. If they were having trouble, I run from trouble and
I don't run to get into it.
Senator Curtis. Where was this that you were assaulted ?
Mr. Winslow. That was at the Tennessee Motor Lines, I believe, on
Leach Avenue, and it was some trucking company.
Senator Curtis. In what city ?
Mr. Winslow. Nashville, Tenn.
Senator Curtis. And did it happen out in the street ?
Mr. Winslow. It happened at their terminal.
Senator Curtis. Off the street?
Mr. Winslow. Yes, off the street.
Senator Curtis. These two men behind you, Mr. Vaughn, and Mr.
Smith, how close were they to you after the other party had slugged
you?
Mr. Winslow. Well, the last I saw, they were sitting in the car.
Senator Curtis. Did they ever get out of the car and come over to
where you were ?
Mr. Winslow. Yes, sir.
IMPEOPER ACTIVITIES IN THEl LABOR FIELD 7349
Senator Curtis. How close to you ?
Mr. WiNSLOW. To me, you mean ?
Senator Curtis. Yes, did they ever touch you ?
Mr. WiNSLOW. Well, I was touched a time or two by them.
Senator Curtis. What is that?
Mr. WiNSLOW. I was sort of knocked out at the time.
Senator Curtis. But they did come over where ^ou were ?
Mr. WiNSLOW. Yes, sir.
Senator Curtis. Close enough for them to touch j ou ?
Mr. WiNSLOW. Yes, sir, I could recognize them.
Senator Curtis. But did they touch you ?
Mr. WiNSLOw. Yes, sir ; I guess they did.
Senator Curtis. What with ?
Mr. WiNSLOW. Just their hands.
Senator Curtis. Did they say anything to you ?
Mr. WiNSLOW. No, not too much.
Senator Curtis. They came over after the other man had gone ?
Mr. WiNSLOW. No, he was still there, too.
Senator Curtis. He was still there, too '.
Mr. WiNSLOW. Yes, sir.
Senator Curtis. But you never have seen him since ?
Mr. WiNSLOW. I have never seen him since.
Senator Curtis. That is all.
The Chairman. I understood you to testify and I want the record
straight, that these two men hit you. Did either of them ?
Mr. WiNSLOW. Mighty lightly, if they did.
The Chairman. Are you afraid of them ?
Mr. WiNSLOW. I am not afraid of them.
The Chairman. Did they hit you, lightly or otherwise ?
Mr. WiNSLOW. Lightly, they hit me.
The Chairman. Lightly they hit you ?
Mr. WiNSLOW. Yes, sir.
The Chairman. How many times ?
Mr. WiNSLOW. I couldn't just exactly say the number of times.
The Chairman. More than once ?
Mr. WiNSLOW. More than once.
The Chairman. How many times did they kick you ?
Mr. WiNSLOW. I was kicked^ — I couldn't tell whether it was the
third one or these, but I was kicked 2 or 3 times.
The Chairman. You were kicked 2 or 3 times ?
Mr. WiNSLOW. Yes, sir.
The Chairman. Is that what bruised your leg ?
Mr. WiNSLOW. That is partly the cause of it.
The Chairman. What else caused it ?
Mr. WiNSLOW. Well, I guess being heavy just busted the blood
veins.
The Chairman. It did not bust accidentally ?
Mr. WiNSLOW. It never healed.
The Chairman. It had not been busted before ?
Mr. WiNSLOW. No.
The Chairman. It got busted then ?
Mr. WiNSLOW. Yes, sir.
The Chairman. And it has never healed.
Mr. WiNSLOW. That is right.
7350 IMPROPER ACTIVITIES EST THE LABOR FIEILD
The Chairman. Are there any other questions ?
Senator McNamara. I would like to ask the witness, who did you
contact at the Nashville police department ?
Mr. WiNSLOW. I contacted or I went back to the company there and
I contacted Mr. Gregory and he contacted the men, and I don't know
who they were.
Senator McNamara. You did not contact anybody directly in the
police department, yourself ?
Mr. WiNSLOw. No.
Senator McNamara. Did you not sign a John Doe warrant ?
Mr. WiNSLOW. After that, yes, for the arrest.
Senator McNamara. Did you do this in the presence of some rep-
resentative of the police department ?
Mr. WiNSLow. I guess it was.
Senator McNamara. You do not know ?
Mr. WiNSLOW. No.
Senator McNamara. Since you recognize these two men now, and
you say that they participated to some degree in beating you up, why
did you have a John Doe warrant issued for them rather than a war-
rant specifying them as the people who beat you up ?
Mr. Kennedy. He did not know the names.
Mr. WiNSLow. Well, I didn't want or I didn't care who it was for,
and the idea was to get the one who did it. I didn't know their
names.
Senator McNamara. I do not know that we should coach him that
much, really. You did not know their names at that time, but you
discovered it since ?
Mr. WiNSLOW. Yes.
Senator McNamara. You do not know the names of the policemen
and you did sign a John Doe warrant, but you since discovered that it
was these two men and another man who beat you up.
Mr. WiNSLOw. Yes, sir.
Senator McNamara. Was it just recently, today, that you found
that out?
Mr. WiNSLOW. No.
Senator McNamara. When did you discover who they were ?
Mr. WiNSLOW. These two men, you mean? I saw them two men
around Nashville and I saw them before I was ever attacked.
Senator McNamara. You did not try to get a warrant for them
when you found out who they were ?
Mr.WiNSLOAV. No.
Senator McNamara. Wliy ?
Mr. WiNSLow. Well, I just didn't want to get mixed up with it.
Senator McNamara. You did want to get a warrant ?
Mr. WiNSLOW. I wanted to get the warrant for the one who did it.
Senator McNamara. They did it, too, according to your testimony.
Mr. WiNSLOw. Yes, they helped too, and they know who did it, but
of course they wouldn't tell.
_ Senator McNA:\rARA. We can't have it both ways. They either par-
ticipated in beating you up or tliey did not. Which is it? Did they
participate in beating you up ?
Mr. WiNSLOW. Yes, sir ; I say they did.
IMPROPER ACTIVITIES IN THE LABOR FIEOLD 7351
Senator McNamara. They did ?
Mr. WiNSLOw. Yes, sir.
Senator McNamara. When you found out who they were, you did
not try to get a warrant for them for their arrest ?
Mr, WiNSLow. No.
Senator McNamara. And why ?
Mr. WiNSLOw. I didn't know who they were then ; I did not know
the names.
Senator McNamara. You knew some time ago and you found out
prior to today ?
Mr. WiNSLOw. Yes, sir.
Senator McNamara. And you did not try to get a warrant for their
arrest ?
Mr. WiNSLow. No.
Senator McNamara. You do not have any explanation of why you
did not try to get a warrant for their arrest ?
Mr. WiNSLOW. Well, I don't know why I didn't, but I just didn't go
ahead with it.
Senator McNamara. That is all, Mr. Chairman.
The Chairman. Which one now, do you say, or point to the one
that is named Smith. Point your finger at the man named Smith.
Mr. WiNSLOw. Here, this one.
The Chairman. Which one ? "Wliicli one is named Smith ?
Mr. WiNSLOw. This one is named Smith.
The Chairman. Which one ? I cannot tell who you are pointing at.
Point with this other hand. That is Smith ?
Mr. WiNSLOw. Yes, sir.
The Chairman. And the other one is who ?
Mr. WiNSLow. Vaughn.
The Chairman. All right; we have them identified now. Thank
you. Stand aside.
Mr. Smith, take the stand, please.
Mr. Smith, take the witness stand. Will you be sworn ?
You do solemnly swear that the evidence you shall give before this
Senate select committee shall be the truth, the whole truth, and nothing
but the truth, so help you God ?
Mr. Smith. I do.
TESTIMONY OF WILLIAM A. SMITH, ACCOMPANIED BY HIS
COUNSEL, CECIL D. BKANSTETTER
The Chairman. State your name and your place of residence and
your business or occupation.
Mr. Smith. Do I have a right to counsel ?
The Chairman. I did not understand you.
]Mr. Smith. Have I got a right for counsel ?
The Chairman. You have, and you will be given that opportunity.
Will you state your name and your place of residence and your busi-
ness ? Do you have coun sel here ?
Mr. Smith. William A. Smith, 421 Wanda Drive, Donelson.
The Chairman. Do you have counsel ?
Mr. Smith. I sure have.
The Chairman. Come around, Mr. Counsel.
89330 — 58— pt. 18 20
7352 IMPROPER ACnVITIEIS IN THE LABOR FIELD
Mr. Counsel, identify yourself for the record, please, sir.
Mr. Branstetter. I am Cecil Branstetter, 204 Stahlman Building,
Nashville, Tenn.
The Chairman. Thank you very much. All right, Mr. Smith, you
gave us your name and your address. What is your occupation ?
Mr. Smith. I work for teamsters local 327, Nashville, Tenn.
The Chairman. In what capacity ?
Mr. Smith. Assistant business agent.
The Chairman. Wliatisthat?
Mr. Smith. Assistant business representative.
The Chairman. Assistant business representative ?
Mr. Smith. Yes, sir.
The Chairman. All right.
Mr. Kennedy. How long have you held that position, Mr. Smith ?
Mr. Smith. Since January. May I consult my lawyer ?
Mr. Kennedy. Yes.
(The witness conferred with his counsel.)
Mr. Smith. Since January 15, 1953.
Mr. Kennedy. What were you doing prior to that time ?
Mr. Smith. Driving for xVssociated Transport Co.
Mr. Kennedy. Who hired you in the teamsters local ?
Mr. Smith. I don't remember at this time the man's name.
Mr. Kennedy. How did you happen to transfer from driving for
Associated Transport into the teamsters local ? Who arranged that ?
Mr. Smith. I claim my constitutional right not to be forced to be
a witness against myself.
Mr. Kennedy. Can't you tell the committee who arranged for that ?
Who hired you in the teamsters local ?
Mr. Smith. I claim my constitutional right not to be forced to be
a witness against myself.
The Chairman. Is there something that incriminates people or
might tend to incriminate them if they are hired by a union? You
want to reflect upon your union in that fashion ?
Mr. Smith. I claim my constitutional right not to be a witness
against myself.
The Chairman. O. K. If you want to leave the record that way,
and it might be that bad. I do not know.
Mr. Kennedy. Was Mr. Vestal the president of the local at that
time?
Mr. Smith. May I talk to my lawyer ?
The Chairman. Yes.
(The witness conferred with his counsel.)
Mr. Smith. I claim my constitutional right not to be forced to be a
witness against myself.
Mr. Kennedy. We have had some testimony before this committee
from representatives of Associated Transport Co., and the close rela-
tionship that they have had with the teamsters. Now, did that play
a part in your getting the job as a business agent for this teamsters
local ?
Mr. Smith. I claim my constitutional right not to be forced to be a
witness against myself.
The Chairman. Do you respect other people's constitutional rights ?
Mr. Smith. May I talk to my lawyer ?
The Chairman. Yes.
IMPROPER ACTIVITIES IN THE LABOR FIEiLD 7353
(The witness conferred with his counsel.)
Mr. Smith. I chiim my constitutional right not to be forced to be a
witness against myself.
The Chairman. Do you think you could not afford to admit that
you do not respect other people's constitutional rights without possibly
incriminating yourself ; is that it ?
Mr. Smith. I claim my constitutional right not to be forced to be a
witness against myself.
The Chairman. Proceed.
Mr. Kennedy. Were you hired in order to perform acts of violence
for the local, Mr. Smith ?
Mr. Smith. I claim my constitutional right not to be forced to be a
witness against myself.
Mr. I^NNEDY. Is that the function you performed for the local after
you joined them in 1953 ?
Mr. Smith. I claim my constitutional right not to be forced to be a
witness against
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